Introduction
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PART IV
PROPOSED CITIZENSHIP LEGISLATION
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by The Solchiv
4.1 The general approach to the framing of these proposals has been as follows. The Bill is, so far as possible, to be an enabling measure establishing a framework for the grant citizenship to HK BDTC's with the detail of the selection process and the selection criteria relegated to [subordinate legislation] [a statement to be laid before both Houses]. In particular it is not proposed that the purpose of the exercise (to grant British citizenship in order to anchor key personnel in HK) should appear on the face of the Bill given the problems that such a legislative declaration could have in individual cases from a judicial review point of view. Presentationally, the Bill should, so far as possible, emphasise that the selection process will take place in HK with the Secretary of State having only a reserve power to refuse in exceptional cases. The Bill caters for an exceptional situation, its content will therefore be
its useful life will without precedent and expire in 1997. There is therefore a strong preference for a free-standing Bill although many of the "general" provisions of nationality law will need to apply to citizenship granted under this Bill as it does to citizenship acquired under the BNA. Although these proposals inevitably contain novel features, it is the intention to minimise them, so far as possible, and, where choices are available, to adopt solutions which are consistent with the current provisions of the BNA 1981. Finally, as the Foreign Secretary emphasised in his statement of 20 December 1989, "our proposals will be restricted to Hong Kong and the urgent problem which we face there". Ministers are therefore concerned that the Bill should be sufficiently narrow in scope to prevent amendments being tabled which relate to "general" nationality issues.
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make reas
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