TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 71

CONFIDENTIAL

DSR 11C

To be awenved

by in there office.

Nevertheless

second Hong Kong Bill. Unfortunately the overriding

consideration is to secure the enactment before

30 June 1985 of those parts of the Bill without which the

UK could not ratify the Joint Declaration, i.e. clauses

dealing with sovereignty and privileges and immunities

which will give effect to the undertakings given to the

Chinese in the Joint Declaration. If therefore the

provisions on nationality or modification of laws ran into

undue parliamentary difficulties they could both in the

last resort be dropped from the Bill.

Nationality

7. The object of the nationality provisions in the Bill will be to take advantage of China's tacit acceptance of the UK Memorandum (page 28 of paper A). They should relate to all persons who on 30 June 1997 are, by virtue of a connection with Hong Kong, British Dependent Territories citizens under the British Nationality Act 1981: The Bill should deprive them oflthât status with effect from

1 July 1997, and prevent any person from acquiring it thereafter by virtue of a connection with Hong Kong.

8.

A new category of British nationality will in due

course have to be created. Persons who on 30 June 1997 were BDTC's by virtue of a connection with Hong Kong will be

eligible to acquire this new status, but will not be obliged to do so.. The means by which they will be able to express their choice has yet to be decided. Decisions on

this and other modalities cannot be taken before 30 June 1985.