TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 34

CONFIDENTIAL

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THE SINO-BRITISH JOINT DECLARATION AND ITS ASSOCIATED MEMORANDA,

AND TO ARRANGE FOR THE PROPOSALS IN THE DRAFT ORDER TO BE DEBATED

IN PARLIAMENT BEFORE THE DRAFT ORDER WAS FORMALLY LAID. THE

GOVERNMENT WILL THUS BE ABLE TO TAKE ACCOUNT OF ANY POINTS MADE

ON THE WHITE PAPER BEFORE FORMALLY LAYING THE ORDER BEFORE

PARLIAMENT FOR APPROVAL NEXT YEAR. ANY AMENDMENTS WILL, OF

COURSE, NEED TO BE CONSISTENT WITH THE JOINT DECLARATION AND ITS ASSOCIATED MEMORANDA, AND WITH THE HONG KONG ACT 1985, WHICH WAS

PASSED BY PARLIAMENT IN APRIL THIS YEAR.

BACKGROUND

NEXT FOUR WORDS UNDERLINED.

4.

SINO-BRITISH JOINT DECLARATION

THE SINO-BRITISH JOINT DECLARATION, SIGNED BY THE

GOVERNMENTS OF THE UK AND CHINA ON 19 DECEMBER 1984, MADE

PROVISION FOR THE RESTORATION OF HONG KONG TO THE PEOPLES

REPUBLIC OF CHINA ON 1 JULY 1997.

5.

THE JOINT DECLARATION WAS ACCOMPANIED BY AN EXCHANGE OF

MEMORANDA BETWEEN THE UK AND CHINESE GOVERNMENTS CONCERNING THE

STATUS AFTER 30 JUNE 1997 OF BRITISH DEPENDENT TERRITORIES

CITIZENS (BDTCS) BY VIRTUE OF A CONNECTION WITH HONG KONG AND

RELATED ISSUES.

6.

THE HONG KONG ACT 1985 ALLOWS FOR THE NECESSARY

AMENDMENTS TO THE BRITISH NATIONALITY ACT 1981 AND OTHER

ENACTMENTS TO BE MADE BY ORDER IN COUNCIL, SUBJECT TO

PARLIAMENT'S POSITIVE APPROVAL UNDER THE AFFIRMATIVE RESOLUTION

PROCEDURE. THE HONG KONG ACT SETS UP THE FRAMEWORK WITHIN WHICH

THE ORDER WILL FIT. IN VIEW OF THE PARTICULAR SIGNIFICANCE OF

THE ORDER, THE GOVERNMENT AGREED TO PROVIDE TIME FOR IT TO BE

DEBATED IN PARLIAMENT IN PRELIMINARY DRAFT FORM BEFORE BEING

FORMALLY LAID UNDER THE NORMAL PROCEDURE.

FOLLOWING TWO WORDS UNDERLINED. NATIONALITY PROVISIONS

7.

THE ESSENCE OF THE NATIONALITY PROVISIONS OF THE DRAFT

ORDER IS THAT BDTCS BY VIRTUE OF A CONNECTION WITH HONG KONG WILL

NO LONGER HAVE THAT STATUS FROM 1 JULY 1997, SINCE HONG KONG WILL

NO LONGER BE A DEPENDENT TERRITORY AS FROM THAT DATE. BUT THEY

WILL BE ENTITLED TO ACQUIRE A NEW NATIONALITY STATUS, THAT OF

BRITISH NATIONAL (OVERSEAS) (BN(0)), TOGETHER WITH A BRITISH

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CONFIDENTIAL