TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 47

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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NOTES FOR SUPPLEMENTARIES : DEFENSIVE (FOR MR RIFKIND'S WINDING-UP

SPEECH)

BASIC LAW

Drafting of Basic Law

1. Chinese have announced that Hong Kong people will sit on the

Drafting Committee for the Basic Law. This is welcome.

have said that Basic Law will be drafted by 1990.

Interpretation of Basic Law

2.

Chinese

Basic Law will be one of laws of Hong Kong Special Administrative Region. The courts of the SAR will be obliged to

decide cases in accordance with these laws. The power of final

judgment of the SAR will be vested in the court of final appeal in

the SAR.

NATIONALITY

Order in Council

3.

Order in Council on nationality will be introduced within one

year of passage of Hong Kong Act. This will be subject to full

debate in both Houses.

Statelessness

4. The Government's position is that no former Hong Kong British

Dependent Territories citizen nor any

child born on or after 1 July

1997 to such a person should be made stateless as a result of

amendments envisaged in Hong Kong Act. Furthermore second

generation children whose grandparents were Hong Kong BDTC before

1997 and who would otherwise be stateless will enjoy a similar

entitlement to acquire British nationality to that which they would

have had under the British Nationality if their parents had remained

BDTCS.

RATIFICATION OF THE AGREEMENT

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