CONFIDENTIAL
A
B
هم
D
BACKGROUND
1.
Mr Stanbrook has displayed a considerable interest over the past few months in nationality matters connected with Hong Kong. Three PQS put down by him on this subject were answered by Mr Luce on 26 November 1984 and a further two on 5 December 1984.
2.
Prior to the debate on the second reading of the Hong Kong Bill, Mr Stanbrook put his name to an amendment tabled by Mr Enoch Powell MP opposing the use of the Order in Council Procedure to make amendments to the law of citizenship. Mr Stanbrook developed this theme in his speech on 21 January. He also asked why the Government had not adopted the category of British Overseas citizenship for the people of Hong Kong, and why it was necessary to create a new form of nationality.
3.
Mr Luce is aware of the importance that the Executive Council attached to the creation of a new form of nationality for former Hong Kong British Dependent Territories citizens and their rejection of the use of British Overseas citizenship for this purpose. When the Secretary of State announced the title "British National (Overseas)" on 21 January he made it clear that it had been the subject of consultations with the Executive Council. It is, however, perhaps more appropriate to place more emphasis in the reply on the technical reasons why British Overseas citizenship would not be appropriate.
The draft reply has been agreed with Hong Kong, Peking, FCO legal advisers and Home Office officials.
4.
DISTRIBUTION:
Parliamentary Unit
HKD
FED
NTD
Dr Wilson
Mr Burrows, Legal Advisers Mr Grainger, Legal Advisers
CONFIDENTIAL
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