TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 147

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DESKBY 170100Z

FM FCO 160825Z AUGUST 85

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 1164 OF 16 AUGUST

INFO IMMEDIATE PEKING

INISTRY

Acuca Taken

A

MY 4 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL

(334-7

1. FOLLOWING IS DRAFT TEXT OF EXPLANATORY WHITE PAPER.

BEGINS

THE NATIONALITY PROVISIONS OF THE HONG KONG ACT 1985

A DRAFT ORDER IN COUNCIL

INTRODUCTION

THE HONG KONG ACT 1985 (C.15) RECEIVED ROYAL ASSENT ON 4

APRIL 1985. IT MADE PROVISION FOR THE ENDING OF BRITISH

SOVEREIGNTY AND JURISDICTION OVER HONG KONG ON 1 JULY 1997, IN

ACCORDANCE WITH THE TERMS OF THE AGREEMENT REACHED BETWEEN HER

MAJESTY'S GOVERNMENT AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC

OF CHINA (HEREAFTER 'THE CHINESE GOVERNMENT'). PARAGRAPH 2 OF

THE SCHEDULE TO THE ACT CONFERRED THE POWER TO GIVE EFFECT UNDER

AN ORDER IN COUNCIL TO THE UNDERSTANDING AS TO NATIONALITY

MATTERS REACHED BETWEEN THE TWO GOVERNMENTS. THE PURPOSE OF THIS

WHITE PAPER IS TO PRESENT THE TEXT OF A DRAFT ORDER IN COUNCIL,

WHICH IS AT ANNEX 1.

2. DURING THE PASSAGE OF THE HONG KONG BILL THE GOVERNMENT GAVE

TWO UNDERTAKINGS CONCERNING THE PARLIAMENTARY HANDLING OF THE

PROPOSED ORDER. THE FIRST WAS THAT IT WOULD BE MADE WITHIN A

YEAR OF THE PASSAGE OF THE BILL, SUBJECT ONLY TO PARLIAMENT'S OWN

AGREEMENT (OFFICIAL REPORT: VOLUME 71, NUMBER 43, COLUMN 735: VOLUME 460, NUMBER 46, COLUMN 484). THE SECOND WAS THAT IN VIEW

OF THE CONSTITUTIONAL SIGNIFICANCE OF THE ORDER IT SHOULD BE

SUBJECT TO MORE EXTENDED PARLIAMENTARY SCRUTINY THAN THE

AFFIRMATIVE RESOLUTION PROCEDURE ALLOWS (OFFICIAL REPORT: VOLUME

72, NUMBER 56, COLUMN 1069: VOLUME 460, NUMBER 46, COLUMN 503).

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