TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 182

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(d) NATIONALITY

CONFIDENTIAL

As my rt hon and

and learned

Friend

has said, paragraph 2 of the Schedule

to

the Bill contains

an

to

enabling power for a subsequent Order or Orders in Council be made to give effect to the provisions of the United Kingdom

memorandum which was handed to the Chinese when the agreement

was signed on 19 December. The framework for subordinate

It will provide

virtue of such

legislation is clearly stated in the Schedule.

that British Dependent Territories citizenship cannot be

retained ог acquired on ог after 1 July 1997 by virtue of a

connection with Hon Kong and create a new form of British

nationality that may be

may be acquired by persons who are BDTCs by

connnection. In addition, provision will be

made for the avoidance of statelessness as a result of these

changes and for such amendments to nationality legislation as

are supplementary, transitional ог consequential to

to these main

purposes. In other words the content of the Order or Orders is

determined by the framework laid down in this Bill.

As

The rt hon Member for Down South has tabled an amendment which

in effect deplores the use of an Order in Council to amend

nationality legislation on the grounds that this does not

permit the detailed consideration and amendment of the

Government's proposals that enactment by Bill would afford.

my rt hon friend, the M-mber for Surrey East has said, i t

simply not possible in the time available for the enactment of

the Bill to include full details of all the legislative

amendments that will be necessary for the implementation of the

CONFIDENTIAL

is

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