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6.
NOTES FOR "SCHEDULE STAND PART"
SCHEDULE
(a) PARAGRAPH TWO: NATIONALITY
[EXPLANATORY MATERIAL FOR USE WHERE REQUIRED]
The purpose of paragraph 2 of the Schedule is to enable the Government to make the nationality provisions necessary as a
consequence of the UK ceasing to have sovereignty or jurisdiction
over Hong Kong in 1997.
The paragraph 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 before that date by persons who are
BDTCs by virtue of such a connection. It is intended that the new
form of nationality should be known as British National (Overseas).
As my rt hon and learned Friend, the Foreign Secretary, explained in
the House on 21 January it is the Government's intention that all
the necessary amendments to the nationality legislation should be
made if possible in one Order in Council. We intend that this Order
should be made at an early date and at the latest within one year of the passage of this Bill.
It is also our intention in response to views expressed in the House
in the debate on the Second Reading to give the House an opportunity
if it wishes, to debate the draft order on nationality in a
preliminary way before the House is asked to give its final approval. If necessary, the Government would then withdraw the
Order and revise it to take account of views expressed by hon
Members, before resubmitting it to be dealt with in the normal way
under affirmative resolution procedures. I believe that this
procedure will meet the concerns of hon Members expressed in our previous debate.
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