TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 123

BACKGROUND

CONFIDENTIAL

1.

Paragraph 2 of the Schedule to the Hong Kong Bill enables an Order or Orders in Council to be made to implement the Joint Declaration and the related exchange of memorandum whereby British Dependent Territories citizenship cannot be acquired or retained by virtue of a connection with Hong Kong on or after 1 July 1997 and persons who hold this status by such a connection may acquire a new form of British nationality. There is also power to make provision

prevent powers becoming stateless. Orders under this paragraph are to be subject to the affirmative resolution proceudure.

2. Mr Enoch Powell MP and Mr Ivor Stanbrook MP tabled an amendment to the Bill at the second reading to the effect that "This House declines to give a second reading to a Bill which provides for the law of citizenship to be altered by Order and thus precludes that detailed consideration and amendment of such alterations by the House, which enactment by Bill would afford".

3. This amendment was

selected by the Speaker during the second reading debate on 21 January. However, a number of MPs expressed concern at the principle of creating a new form of British

nationality by Order in Council. They sought assurances that an adequate amount of time should be allowed for debate and that the

Order should initially be tabled and discussed as a consultative document which the Government would if necessary be prepared to withdraw and resubmit in an amended form. Ministers reasserted the

need for the Order in Council procedure in terms similar to those in the draft line to take and gave assurances that the draft Order would be tabled in good time to allow the provisions to be carefully considered by the people of Hong Kong and by MPs before it was debated.

Hong Kong Department

22 January 1985

CONFIDENTIAL