TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 29

(d) NATIONALITY

CONFIDENTIAL

Much attention in this debate has focussed on paragraph two the Schedule to the Bill and the question on

nationality.

Mu

read carefully What is said

Paragraph 2 contains an enabling power for a subsequent

Order or Orders in Council to 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 legislation is

clearly stated in the Schedule. It will provide 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 create a new form of

British nationality that may be acquired by persons who

are BDTCs by virtue of such a connection. 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

or consequential to these main purposes. In other words

the content of the Order or orders is determined by the

framework laid down in this Bill.

the

It is 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 commitments which on 10 December

House unanimously agreed that we should accept.

Nevertheless the Government considers it right that the

Bill should contain a clear indication of all the

legislation that will be required.

CONFIDENTIAL

d