1
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). It is the Government's
intention to provide time for debates in both Houses on this White
Paper and the annexed draft Order. Any amendments which are sought
(insofar as these are consistent with the Agreement and the Act)
will be considered before the Order is re-presented for approval by
resolution of each House of Parliament.
3.
The draft Order annexed to this White Paper has been seen by the
Executive Council of Hong Kong who have advised the Governor of Hong
Kong that it is acceptable. The Government consider that the widest
possible consideration should now be given to its proposals both in
Hong Kong
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