TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 109

CONFIDENTIAL

He will be eligible for the new status. He will not cease on the relevant date to be a BDTC by virtue of paragraph 2(1)(a). Nor do we wish him to be deprived of his new status. We think therefore that the latter part of paragraph 2(2) should be amended, to have the effect that the Order may make provision whereby the new status may be lost by persons who, before the relevant date, have ceased to be British Dependent Territories citizens.

Paragraph 2(3)

9.

This enables Orders to contain "supplementary, transitional and consequential provisions" for the avoidance of statelessness. I read this paragraph as sufficiently wide to cover the case of persons born in Hong Kong after the relevant date of non-British parents. We would be grateful if you would say whether I have correctly interpreted the power. No decision has yet been taken as to whether an Order should cover such category of persons, but we do wish the power to be wide enough to enable it to do so.

Paragraph 3(1)

10. I think that the effect of this provision, read in con- junction with clause 1(1) of the Bill is that any Order in Council changing the law of Hong Kong must be made before the relevant date, although its provisions may be made with respect to any time before, on or after the relevant date. An Order made under paragraph 3(1)(c) could however be made before or after the relevant date. These are exactly the results we wish to achieve. If therefore I have correctly interpreted these provisions there is no need to amend this sub-paragraph. You may however wish to consider whether it would be clearer if wording were to be inserted to indicate expressly that for the purposes of sub-sub-paragraphs (a) and (b), but not (c), any Order must be made before the relevant date.

Northern Ireland etc

11.

My attention has been drawn to section 53(4)-(6) of the British Nationality Act 1981 (c. 61) and section 5(4) and (5) of the British Nationality (Falkland Islands) Act 1983 (c. 6). The 1983 Act is expressed as extending to Northern Ireland, to the Channel Islands and the Isle of Man and to all dependent territories. It is also declared to extend to all associated states for the purposes of the West Indies Act 1967, section 3(3). The question arises as to whether the present bill should contain similar provisions.

12. I am not sure I understand why the latter provisions were thought to be necessary. I notice that they have no counterpart in independence Acts such as the Belize Act 1981 (c. 52) or the

/Cyprus

CONFIDENTIAL