TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 91

CONFIDENTIAL

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 Joint Declaration on

the Question of Hong Kong 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 power to give effect

by Order in Council to the provisions of the United Kingdom

Memorandum associated with the Joint Declaration. 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 Her

Majesty's 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 passing 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 a usual procedure for making Order in Council,

that is the affirmative resolution procedure allows

(Official Report: Volume 72, Number 56, Column 1069;

Her Majesty 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 before the draft

Order is re-presented for approval by each House of

Parliament under the affirmative resolution procedure. Her Majesty's

*

Government will take careful note of points raised in

*Orders to be made by affirmative resolution require Parliamentis made.

positive approval, usually following a 1 hour debate Under this procedure an Order cannot be amended, but merely accepted or

rejected

as a whole.