TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 109

HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

2.

IDENTIFICATION OF PERSONS AFFECTED

1.

This relates to the definitions set out in Article 2, and

the informatory list at Annex 2 of the White Paper.

2. It may be argued that Article 2 should identify precisely

the people affected by reference to the list at Annex 2 of the

White Paper. Alternatively it may be argued that such identif-

ication should be in terms of the Hong Kong Immigration Ordinance,

which identifies BDTCs by virtue of a connection with Hong Kong

as "Hong Kong Belongers".

Line to take

ANNEX 2 TO THE WHITE PAPER

3.

Article 3 as drafted is comprehensive and comparatively

straightforward that people may not understand all the references

to legislation in Annex 2 since they may not know under precisely

what provision of the British Nationality Acts they have acquired

their British Dependent Territories citizenship. But they will

probably know whether they were, for example, descended from a

person registered in Hong Kong or not.

4.

Annex 2, however, is intended to help people who wanted to

go into it a bit more deeply and identify their own particular

circumstances. We hope it is all-embracing, but of course it may

not be so.

HONG KONG IMMIGRATION ORDINANCE

5.

As to reference to the Hong Kong Immigration Ordinance,

it is considered bad practice to relate UK law directly to the

laws of a Dependent Territory, which may be changed without

reference to the UK Parliament. Furthermore, the Immigration

Ordinance will not stand beyond 30 June 1997, whereas this Order

is intended to remain in effect indefinitely. It would not be