British Nationality (Hong Kong) Bill

Office of the Parliamentary Counsel 36 Whitehall London SWIA 2AY

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0 1 JUN 1990

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EXPLANATORY AND FINANCIAL MEMORANDUM-

The purpose of the Bill is to provide for the acquisition before 30 June 1997 of British citizenship by up to 50,000 selected Hong Kong residents, their spouses and minor children.

Clause (taken with Schedules 1 and 2) enables the Secretary of State to register as British citizens before 30 June 1997 up to 50,000 Hong Kong residents recommended by the Governor of Hong Kong under a selection scheme to be approved by Parliament and also makes provision for the spouses and minor children of those residents to be registered as British citizens.

Clause 2 provides that persons who are registered after being recommended under the selection scheme shall be British citizens otherwise than by descent and that spouses and minor children registered under the Bill shall be citizens by descent. The clause also provides for persons who are British Dependent Territories citizens to lose that status when they are registered under the Bill.

Clause 3 enables the Governor, by regulations, to make provision for procedural matters and for the payment of application and registration fees. The clause also requires the Governor to appoint an advisory committee and enables him to authorise public officers in Hong Kong to exercise certain functions under the Act on his behalf.

Clause 4 makes provision for expenses and receipts.

Clause 5 prevents a person being recommended or registered if the Governor or Secretary of State (as the case may be) has reason to believe that he or she is not of good character. It also provides that no person shall be entitled to registration under the Bill if the Secretary of State has reason to believe that the recommended person is no longer eligible.

Financial and manpower effects of the Bill

A small team of officials from the United Kingdom will be established in Hong Kong to consider recommendations by the Governor and to issue certificates of registration on behalf of the Secretary of State. The size of the team will depend on the number of eligible spouses and children and the rate at which applications are processed and recommendations made. The number of recommen- dations received is likely to decline in the final years before 30 June 1997. It is expected, however, that the Bill will result initially in an overall increase in public service manpower of 7 and that there will be additional costs of £800,000 per annum at current prices.

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