TO
THE SCHEDULE TO THE BILL DEALS WITH THREE ASPECTS RELATED - AGREEMENT AND THE TERMINATION OF SOVEREIGNTY. THEY ARE: THE CHANGES IN BRITISH NATIONALITY LAWS NECESSARY AS A INFEQUENCE OF THE AGREEMENT AND THE ASSOCIATED EXCHANGE OF MEMORANDA WITH THE CHINESE GOVERNMENT.
- AMENDMENTS TO BRITISH LAWS IN PREPARATION FOR OR CONSEQUENT UPON THE TERMINATION OF UK SOVEREIGNTY AND JURISDICTION.
- AND THE PROVISION OF DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE FIVE CHINESE MEMBERS OF THE JOINT LIAISON GROUP.
! TURN NOW TO NATIONALITY, AND IN THIS CONTEXT I SHALL MENTION THE REASONED AMENDMENT TABLED BY THE RT HON MEMBER
SOUTH DOWN. I MADE PLAIN IN THE HOUSE ON 5 DECEMBER THAT LEGISLATION WE PROPOSED TO INTRODUCE WOULD PROVIDE POWERS TO MAKE THE AMENDMENTS TO NATIONALITY LEGISLATION THAT ARE NECESSARY AS A RESULT OF THE AGREEMENT AND THE UK MEMORANDUM.
THESE PROVISIONS ARE CONTAINED IN PARAGRAPH 2 OF THE SCHEDULE WHICH ENABLES A SUBSEQUENT ORDER OR ORDERS IN COUNCIL TO BE MADE TO ENSURE THAT BRITISH DEPENDENT TERRITORIES CITIZENSHIP CANNOT BE RETAINED OR ACQUIRED ON OR AFTER 1 JULY 1997 BY VIRTUE OF A CONNECTION WITH HONG KONG AND TO CREATE A NEW FORM OF BRITISH NATIONALITY THAT MAY BE ACQUIRED BY PERSONS WHO ARE BDTC'S BY VIRTUE OF SUCH A CONNECTION.
FOLLOWING CONSULTATIONS WITH THE HONG KONG EXECUTIVE COUNCIL, IT IS INTENDED THAT THE TITLE OF THE NEW FORM OF NATIONALITY SHOULD BE BRITISH NATIONAL (OVERSEAS)'. IT HAS NOT BEEN EASY TO DEVISE A TITLE WHICH MEETS ALL THE NECESSARY REQUIREMENTS. ON THE ONE HAND IT NEEDS TO MAKE CLEAR THAT WE ARE DEALING WITH A FORM OF BRITISH NATIONALITY. NOTHING LESS WOULD BE ACCEPTABLE IN HONG KONG. ON THE OTHER HAND IT IS ESSENTIAL THAT THE TITLE WE CHOOSE CAN CONTINUE TO BE USED AFTER 1997. FOR THIS TO BE POSSIBLE, THE TITLE MUST CLEARLY CARRY NO IMPLICATION OF A CONTINUING CONSTITUTIONAL RELATIONSHIP BETWEEN BRITAIN AND HONG KONG AFTER 1997. I BELIEVE THAT THE TITLE WE HAVE CHOSEN MEETS THESE NEEDS. IT HAS NECESSARILY BEEN THE SUBJECT OF CAREFUL CONSULTATIONS WITH THE EXECUTIVE COUNCIL. THE COMPLETION OF THESE CONSULTATIONS HAS ENABLED ME TO ANNOUNCE THE TITLE TO THE HOUSE TODAY.
SIR PAUL BRYAN, (CONSERVATIVE): COULD HE PERHAPS REPEAT THE TITLE ONCE AGAIN?
SIR GEOFFREY: THE TITLE IS BRITISH NATIONAL (OVERSEAS). THE FACT THAT MY HONOURABLE FRIEND HAS INTERVENED FOR THAT REPETITION OF THE POINT UNDERLINES THE POINT THAT I WAS MAKING: THAT THERE DOES NOW NEED TO BE ADEQUATE TIME TO EXPLAIN THE CHOICE OF THE NEW TITLE TO THE PEOPLE OF HONG KONG. (INTERUPTION)
MR RUSSELL JOHNSTON: (ANNOUNCER SPEAKS) . HAS BEEN AGREED AFTER CONSULTATION WITH THE EXECUTIVE COUNCIL. MY UNDERSTANDING IN TALKING TO SOME OF THEM IS THAT IT IS ABOUT SEVENTH ON THE LIST OF POSSIBLE TITLES. I AM NOT QUITE SURE THAT IT IS TRUE WHAT HE SAYS THAT THE ABSENCE OF ANY REFERENCE TO HONG KONG
IN THE TITLE IS WHOLLY ACCEPTABLE.
-
/SIR GEOFFREY: