TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 176

CONFIDENTIAL

I must emphasise however, while the UK Memorandum is

formally distinguishable from the Joint Declaration, the

Government would be bound to oppose any attempt to

introduce into the Order any provisions that were contrary

to the Memorandum. The fact of the matter is that the

Memorandum forms an integral part of the whole package

which was negotiated with the Chinese Government and was

subsequently found acceptable to the people of Hong Kong.

We should be obliged to resist strongly any amendments to

the draft Order that would jeopardise this overall

package.

The framework for subordinate legislation is clearly stated

in the Schedule. The Order will make provisions for the

removal of Hong Kong with effect from 1 July 1997 from the

list of dependent territories in Schedule 6 to the British

Nationality Act 1981 and for the acquisition of the status

of British National (Overseas) by persons who are British

Dependent Territories citizens by virtue of a connection

with Hong Kong. The Order will set out who is eligible to

acquire the new status.

It is the Government's

intention that the BN (O) status

should carry broadly the same benefits as British Dependent

Territory citizenship except that it will not be

transmissible by descent. For example 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 have a right to registration as

British citizens on the same terms as BDTCs. They will not

enjoy benefits that are not conferred by BDT citizenship.

CONFIDENTIAL