TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 147

CONFIDENTIAL

DSR 11C

4. There is another theoretical case which might

conceivably cause difficulty. If a person is a BDTC,

acquires the new form of nationality and then loses his

BDTC status (eg by renunciation) all before 30 June 1997

-

-

then in order to comply with the UK Memorandum (p. 28 of

Paper A) he may have to be deprived of his new form of

British nationality with effect from 1 July 1997, because

only persons who were BDTC's on 30 June 1997 may, in the

words of the Memorandum, "retain" the "appropriate status"

previously acquired. There is no need to decide now whether

this point will need to be dealt with in the first Order

in Council, or a subsequent one, or not at all. However

we cannot at this stage entirely rule out the possibility

and Counsel is therefore requested to ensure that the

enabling power is sufficiently wide for this purpose.

Adaptation of Law

Schedule, paragraph 3(b)

5.

In answer to your enquiry, and for the reasons

explained below, we think it would be a useful precaution

to widen the scope of this provision so that it will

enable Orders in Council to be made for repealing or amending

so far as it relates to Hong Kong any Act (other than this

Act) or any instrument made under any Act (other than this

Act) forming part of the law of or of any part of, the

United Kingdom or of any British possession (other than

Hong Kong which is dealt with in paragraph 3(1)(a)).

CONFIDENTIAL

/6.