TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 162

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POSSIBLE TO RELY ON THE WORDS BY VIRTUE OF A CONNECTION WITH

HONG KONG'

31. THE ORDER WILL THEREFORE DETAIL WHO IS ELIGIBLE TO ACQUIRE

THIS NEW FORM. IT IS HMG'S INTENTION THAT THE NEW FORM OF

BRITISH NATIONALITY SHOULD CARRY BROADLY THE SAME BENEFITS AS

BRITISH DEPENDENT TERRITORIES CITIZENSHIP, EXCEPT THAT IT WILL

NOT BE TRANSMISSIBLE BY DESCENT. HOLDERS OF THE NEW STATUS WILL

BE ABLE TO USE BRITISH PASSPORTS. THEY WILL BE ELIGIBLE FOR

BRITISH CONSULAR PROTECTION IN THIRD COUNTRIES. THEY WILL BE

COMMONWEALTH CITIZENS AND WILL HAVE A RIGHT TO REGISTRATION AS

BRITISH CITIZENS ON THE SAME TERMS AS BDTCS. IN SHORT, THE ORDER

WILL IN EFFECT REDEFINE THE SCOPE OF THE BRITISH NATIONALITY ACT

1981 TO COVER THE NEW STATUS WHERE IT IS APPROPRIATE.

32. THE ORDER WILL ALSO SET OUT THE CIRCUMSTANCES IN WHICH

PERSONS WHO MIGHT BECOME STATELESS AS A RESULT OF THESE

PROVISIONS, AND THE CHILDREN BORN AFTER 1 JULY 1997 TO HOLDERS OF

THE NEW STATUS, IF THEY WOULD OTHERWISE BE STATELESS, MAY ACQUIRE A FORM OF BRITISH NATIONALITY, WHICH WILL BE BRITISH OVERSEAS

CITIZENSHIP.

33. THE ORDER WILL ALSO MAKE PROVISION FOR HOLDERS OF THE NEW

STATUS TO BE DESCRIBED AS COMMONWEALTH CITIZENS, AND TO BE

ENTITLED TO REGISTRATION AS BRITISH CITIZENS, ON THE SAME TERMS

AS BRITISH DEPENDENT TERRITORIES CITIZENS.

34. EVEN THOUGH THE PROPOSALS CANNOT YET BE FINAL, WE THOUGHT IT

RIGHT THAT THE BILL SHOULD CONTAIN A CLEAR INDICATION OF THE

GOVERNMENT'S INTENTIONS WITH REGARD TO NATIONALITY, AND SET OUT A

FRAMEWORK FOR THE SUBSEQUENT SUBORDINATE LEGISLATION THAT WILL BE

NECESSARY. PARLIAMENT QUITE RIGHTLY EXPECTS TO HAVE THE

OPPORTUNITY OF CONSIDERING WHAT THE GENERAL NATURE OF SUCH

LEGISLATION WOULD BE. MOREOVER, TO DO OTHERWISE WOULD PERPETUATE

UNCERTAINTY IN HONG KONG AND MIGHT LEAD TO DOUBTS AS TO THE

GOVERNMENT'S WILLINGNESS TO IMPLEMENT THE PROVISIONS OF THE UK

MEMORANDUM. I AM SURE THAT HON MEMBERS WOULD AGREE THAT THIS

WOULD BE MOST UNSATISFACTORY.

35. I URGE THE HOUSE, FOR THE REASONS I HAVE OUTLINED, TO REJECT

THE REASONED AMENDMENT STANDING IN THE NAMES OF THE RT HON

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