TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 239

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4. Hong Kong, while recognising the Chinese claim to sovereignty in 1997,

nevertheless wished to provide for a continuation of British nationality after

that date, and to be permitted to transmit that nationality to their children.

The Chinese for their part were adamant that it would not be appropriate for

anyone to become British after 1997 by virtue of a connection with Hong Kong, and

this had to be conceded. In addition, Chinese nationality law, unlike ours, does

not permit dual nationality. Since the Chinese regard all their Hong Kong

compatriots as Chinese nationals, then under Chinese nationality law they could

not also remain British nationals. A compromise was however agreed whereby the

Chinese Government would permit former Hong Kong BDTCs to continue to travel after

1997 on travel documents issued by the British authorities, while turning a blind

eye to the fact that the documents would be passports, and that the holders would

therefore possess a form of British nationality. But in keeping with their view

that all vestiges of the colonial past should disappear on 1 July 1997, they insisted

that the passports had to be acquired before 1 July 1997. The Agreement is unique

in making the holding of a passport essential for retaining the status of British

National (Overseas).

An Order in Council made under the Hong Kong Act 1985 is necessary to implement

this agreement.

5.

6.

Understandably, the details of the Order are of great concern in Hong Kong,

and the nationality provisions were the subject of the bulk of the debates in

Parliament on the Agreement and on the Hong Kong Bill. To meet this concern,

it

was agreed that a draft of a draft Order (described as "an order with green edges")

should be submitted to Parliament for full debate. The Government would then consider

whether or not the points made during the debates called for any changes to be

made in the draft, in so far as these were consistent with the Hong Kong Act.

The re-draft would then be presented for approval in the normal way.

7. The Government stated during the course of the debate on the Bill that it was

the intention to make the Order within a year of the Passage of the Bill (that

is by April 1986). In order to meet this deadline, and to give time to consider

any changes to the draft, it would be desirable for the first debate on the draft

to take place around mid December. Hong Kong have asked for as much time as

possible to consider the draft, and preferably at least 8 weeks. To meet this

request, we are proposing that the White Paper and the draft Order should be

published by mid October. Hong Kong intend to publish it at the same time.

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