TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 160

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THE AMENDMENTS TO NATIONALITY LEGISLATION THAT ARE NECESSARY AS A

RESULT OF THE AGREEMENT AND THE UK MEMORANDUM.

17. THESE PROVISIONS ARE CONTAINED IN PARAGRAPH 2 OF THE SCHEDULE

WHICH ENABLES A SUBSEQUENT ORDER OR ORDERS IN COUNCIL TO BE MADE

TO ENSURE THAT BRITISH DEPENDENT TERRITORIES CITIZENSHIP CANNOT

BE RETAINED OR ACQUIRED ON OR AFTER 1 JULY 1997 BY VIRTUE OF A

CONNECTION WITH HONG KONG AND TO CREATE A NEW FORM OF BRITISH

NATIONALITY THAT MAY BE ACQUIRED BY PERSONS WHO ARE BDTCS BY

VIRTUE OF SUCH A CONNECTION.

18. FOLLOWING CONSULTATIONS WITH THE HONG KONG EXECUTIVE COUNCIL,

IT IS INTENDED THAT THE TITLE OF THE NEW FORM OF NATIONALITY

SHOULD BE 'BRITISH NATIONAL (OVERSEAS)'.

19. AS I INDICATED ON 5 DECEMBER THE SCHEDULE INCLUDES A SPECIFIC

PROVISION THAT THE ORDERS MAY INCLUDE ANY MEASURES THAT ARE

NECESSARY TO ENSURE THAT NO BRITISH NATIONAL, NOR ANY CHILD BORN AFTER 1 JULY 1997 TO A BRITISH NATIONAL, IS MADE STATELESS AS A

RESULT OF THESE ARRANGEMENTS.

20. I MUST EMPHASISE THAT THESE POWERS TO ALTER THE NATIONALITY

LAWS BY WAY OF AN ORDER IN COUNCIL COULD ONLY BE USED IN

CONNECTION WITH THE PURPOSES I HAVE DESCRIBED. THEY WOULD NOT

PERMIT ALTERATIONS TO BE MADE FOR ANY OTHER PURPOSE OR IN RESPECT

OF ANY OTHER GROUP OF PEOPLE NOT CONNECTED WITH HONG KONG.

21. IT IS THE GOVERNMENT'S INTENTION THAT ALL THE NECESSARY

AMENDMENTS TO NATIONALITY LEGISLATION SHOULD BE MADE IF POSSIBLE IN ONE ORDER IN COUNCIL, THOUGH THE BILL WOULD ALLOW ADJUSTMENT OR ADDITION BY FURTHER ORDERS-IN-COUNCIL IF THAT BECAME

NECESSARY.

22. WE INTEND TO MAKE THIS ORDER AT AN EARLY DATE, AND AT THE

LATEST WITHIN A YEAR OF THE PASSAGE OF THIS BILL.

22. THE BILL PROVIDES THAT SUCH ORDERS WILL BE SUBJECT TO

AFFIRMATIVE RESOLUTION PROCEDURES. LET ME EMPHASISE THIS POINT.

MEMBERS OF BOTH HOUSES WILL HAVE A FULL OPPORTUNITY TO CONSIDER

AND DEBATE THE PROPOSALS IN THIS ORDER-IN-COUNCIL.

24. I DO NOT AGREE WITH THE RT HON MEMBER FOR SOUTH DOWN THAT THIS PROCEDURE WILL GIVE INADEQUATE OPPORTUNITY FOR CONSIDERATION OF THE MEASURES PROPOSED. IT WAS PRECISELY BECAUSE WE KNEW THAT

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