TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 32

FP

SECRET

HKK 040/53

RECEIVED IN REGISTRY

15 NOV 1984

DESK OFFICER

हद

INDEX

HONG KONG LEGISLATION : CHANGES IN NATIONALITY LAW

NOTE BY THE HOME OFFICE

PA

This note indicates the changes in the British Nationality Act 1981

that appear necessary to give effect to the draft agreement and the

exchange of memoranda contained in the White Paper (Cmnd. 9352).

The necessary substantive legislation should therefore include an

enabling power, subject to affirmative procedure, to make such

provision about nationality as Her Majesty considers necessary or

expedient in consequence of the termination of British sovereignty

and jurisdiction over any part of Hong Kong, including power to

amend the British Nationality Act 1981 (hereafter referred to

as the Act).

1.

Title of new form of British nationality.

This matter is still under discussion.

2.

Deletion of Hong Kong from Schedule 6 of the Act.

The power in section 50(13) of the British Nationality

Act 1981 to amend Schedule 6 does not extend to the Hong Kong

Specific power will therefore be needed to delete

situation.

Hong Kong from the list of British dependent territories from

1 July 1997. We shall need to ensure that BDTC status cannot be

acquired after 1997 by birth in or connection with Hong Kong before

that date. Depending on exactly what we wish to achieve we may seek

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