TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 60

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argue that

missing;

the

lack of a name indicates that the

substance is also

are

(b) argue that the provisions to guard against statelessness

not sufficiently spelt out and that

and that the Bill should show the status

to be acquired by those who would otherwise be stateless.

Ministers will wish to take the line that the detailed provisions of

the Order in Council have to be fully discussed with Hong Kong, and

that there was insufficient time to do this early enough to meet the

need for the enabling Bill to be passed in time for ratification of the agreement in June. The timing of the Order in Council has not yet been decided, but it will probably need to be in place in 1986 in order to fit in with the normal 10-validity period of passports,

and to give Hong Kong as much time as possible to issue passports to

all who want them.

to use the title

they will wish to

Ministers may be able to announce our intention

"British National (Overseas)". If they are not, they will

refer to

the sensitivity of this and the care with which a title

must be chosen. But the lack of an agreed title does not me an that

the substance is missing. The new status will equate in all major respects to BDTC, except for transmissibility.

[To be updated in the light of Chinese reactions].

On the question of statelessness, Ministers will wish to take the line that the safeguards are quite explicit. No former Hong Kong

BDTC, nor any

child born after June 1997 to such a person, will be

left without a form of British nationality if he or she would

otherwise be stateless. It is intended that such persons should

acquire British Overseas citizenship.

THE NATIONALITY PROVISIONS IN THE UK MEMORANDUM

Another likely area of difficulty will be the nationality provisions

set out in the UK Memorandum itself. Ministers could face criticism

both from those who believe we are doing too much for the people of

Hong Kong and from those who feel that HMG have done too little.

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