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ALTHOUGH THE UK MEMORANDUM LAYS DOWN THE MAIN LINES OF WHAT IS NECESSARY, THERE IS STILL DETAILED WORK TO BE DONE IN FRAMING LEGISLATION TO GIVE EFFECT TO IT. AS I HAVE SAID, THESE ARE MATTERS WHICH REQUIRE CAREFUL THOUGHT AND CONSULTATION, NOT LEAST IN HONG KONG. THERE MUST BE ADEQUATE TIME FOR THAT CONSULTATION
TO TAKE PLACE.
HON MEMBERS WILL NEED NO REMINDING THAT THIS IS A SUBJECT OF GREAT INTEREST IN HONG KONG. IT IS MOST IMPORTANT THAT THE LEGISLATION IS ACCEPTABLE THERE. WORK ON THIS IS IN HAND, AND DISCUSSIONS ARE TAKING PLACE WITH THE EXECUTIVE COUNCIL IN HONG KONG. HOWEVER IT WOULD NOT HAVE BEEN WISE AND IN FACT IS NOT NECESSARY TO ATTEMPT TO CARRY THROUGH DETAILED PROVISIONS IN THE TIMESCALE WHICH THE DATE OF RATIFICATION IMPOSES ON THIS LEGISLATION.
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NEVERTHELESS THE MEASURES CONCERNED ARISE DIRECTLY OUT OF THE AGREEMENT AND MEMORANDUM. IT IS, THEREFORE, APPROPRIATE THAT ALL SUCH MATTERS SHOULD BE DEALT WITH IN THIS BILL.
IT MAY HELP IF I GIVE SOME EXAMPLES OF THE SORT OF DETAIL THAT IS LIKELY TO BE INCLUDED IN THE ORDER. IT WILL OF COURSE MAKE PROVISION FOR THE REMOVAL OF HONG KONG FROM THE LIST OF DEPENDENT TERRITORIES IN SCHEDULE 6 TO THE BRITISH NATIONALITY ACT, 1981 WITH EFFECT FROM JULY 1, 1997, AND FOR THE ACQUISITION OF THE NEW FORM OF NATIONALITY. FOR TECHNICAL REASONS IT IS NOT POSSIBLE TO RELY ON THE WORDS BY VIRTUE OF A CONNECTION WITH HONG KONG.
THE ORDER WILL THEREFORE DETAIL WHO IS ELIGIBLE TO ACQUIRE THIS NEW FORM. IT IS HMG'S INTENTION THAT THE NEW FORM OF BRITISH NATIONALITY SHOULD CARRY BROADLY THE SAME BENEFITS AS BRITISH DEPENDENT TERRITORIES CITIZENSHIP, EXCEPT THAT IT WILL NOT BE TRANSMISSIBLE BY DESCENT. HOLDERS OF THE NEW STATUS WILL BE ABLE TO USE BRITISH PASSPORTS. THEY WILL BE ELIGIBLE FOR BRITISH CONSULAR PROTECTION IN THIRD COUNTRIES. THEY WILL BE COMMONWEALTH CITIZENS AND WILL HAVE A RIGHT TO REGISTRATION AS BRITISH CITIZENS ON THE SAME TERMS AS BDTC'S. IN SHORT, THE ORDER WILL IN EFFECT REDEFINE THE SCOPE OF THE BRITISH NATIONALITY ACT 1981 TO COVER THE NEW STATUS WHERE IT IS APPROPRIATE.
THE ORDER WILL ALSO SET OUT THE CIRCUMSTANCES IN WHICH PERSONS WHO MIGHT BECOME STATELESS AS A RESULT OF THESE PROVISIONS, AND THE CHILDREN BORN AFTER JULY 1, 1997 TO HOLDERS OF THE NEW STATUS, IF THEY WOULD OTHERWISE BE STATELESS, MAY ACQUIRE A FORM OF BRITISH NATIONALITY, WHICH WILL BE BRITISH OVERSEAS CITIZENSHIP,
THE ORDER WILL ALSO MAKE PROVISION FOR HOLDERS OF THE NEW STATUS TO BE DESCRIBED AS COMMONWEALTH CITIZENS, AND TO BE ENTITLED TO REGISTRATION AS BRITISH CITIZENS, ON THE SAME TERMS AS BRITISH DEPENDENT TERRITORIES CITIZENS.
/I URGE