2.
THE BILL: CLAUSE-BY-CLAUSE
The Bill will give up to 50,000 selected Hong Kong residents, their spouses and minor children British citizenship, and hence right of abode in this county. Its objective is to give people the confidence to remain in Hong Kong and to contribute to the success and prosperity of the territory. It is a special self- contained measure to deal with the unique situation facing Hong Kong.
Clause 1 enables the Secretary of State to register as British citizens before 30 June 1997 up to 50,000 Hong Kong residents. They will have been recommended by the Governor of Hong Kong under a selection scheme to be approved by Parliament. The Clause also provides for the spouses and minor children of those residents to be registered as British citizens.
Clause 2 provides that those who are registered after recommendation under the scheme will be British citizens "otherwise than by descent". This means that they can transmit citizenship to their children. Their spouses and minor children will be citizens "by descent", which means that they cannot transmit citizenship unless the children are UK-born. Those people who are British Dependent Territories citizens will lose that status when registered under the Bill.
Clause 3 enables the Governor, by regulations, to lay down procedures for the scheme and to charge application and registration fees. It also requires the Governor to appoint an advisory committee.
Clause 4 makes provision for any UK Government costs to be reimbursed by the Governor.
Clause 5 prevents any person being recommended or registered if the Governor or the Home Secretary has reason to believe that he\she is not of good character.
3.
HOW THE SCHEME WILL WORK
Once the Bill has received the Royal Assent, the Governor of Hong Kong will submit his proposals for a selection scheme to the Home Secretary. After the Home Secretary has make any amendments he considers necessary, the scheme will come before Parliament for approval.
It is envisaged that the scheme would comprise four sections:
the General Allocation Section (GAS);
the Key Entrepreneurs Section (KES); the Disciplined Service Section (DSS); and
the Sensitive Service Section (SSS).
The Governor would recommend people for citizenship in these four sections, assisted by the Steering Group (Advisory Committee), which would be chaired by the Chief Secretary of the Hong Kong Government, and would include independent representatives of the community.
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