CONFIDENTIAL
FM HONG KONG
CONFIDENTIAL
TO PRIORITY HONG KONG GOVERNMENT OFFICE LONDON
TELNO 1056
OF 190455Z OCTOBER 35
(189)
TOP COPY
HKK 040/28
INFO PRIORITY FCO, PEKING, HKGO WASHINGTON. HKGO, NEW YORK.
INFO PRIORITY HKGO BRUSSELS. HKGO GENEVA. UKMIS GENEVA.
FOR HONG KONG GOVERNMENT OVERSEAS REPRESENTATIVES HK/ST/101.
WHITE PAPER ON THE DRAFT HONG KONG (BRITISH NATIONALITY) ORDER 1986.
BACKGROUND.
THE DRAFT HONG KONG (BRITISH NATIONALITY) ORDER 1996 WAS PUBLISHED ON THURSDAY, 17 OCTOBER 1985 AT THE SAME TIME IN HONG KONG AND LONDON (4 P.M. HONG KONG TIME AND 9 A.M. LONDON TIME) AS AN ANNEX TO A WHITE PAPER WHICH ITSELF GIVES AN EXPLANATION OF THE PROVISIONS IN THE DRAFT ORDER.
2. THE ORDER IN COUNCIL IS A LEGISLATIVE MEANS OF IMPLEMENTING PROVISIONS RELATING TO THE NATIONALITY ARRANGEMENTS FOR HONG KONG BRITISH DEPENDENT TERRITORIES CITIZENS (BDTCS) OUTLINED IN THE UNITED KINGDOM MEMORANDUM ASSOCIATED WITH THE SINO-BRITISH JOINT DECLARATION AND ENSHRINED IN THE SCHEDULE TO THE HONG KONG ACT 1985.
THESE PROVISIONS ARE
(A) BRITISH DEPENDENT TERRITORIES CITIZENSHIP CANNOT BE RETAINED OR ACQUIRED ON OR AFTER 1 JULY 1997 BY VIRTUE OF A CONNECTION WITH HONG KONG: AND
(2) HONG KONG BDTCS MAY BEFORE 1 JULY 1997 ACQUIRE A NEW FORM OF BRITISH NATIONALITY, BRITISH NATIONAL (OVERSEAS) (BM(0)) STATUS, IF THEY HOLD OR ARE INCLUDED IN BN (0) PASSPORTS ISSUED BEFORE 1 JULY 1997, EXCEPT THAT ELIGIBLE PERSONS BORN ON OP AFTER 1 JANUARY 1997 BUT BEFORE 1 JULY 1997 MAY OBTAIN OR BE INCLUDED IN SUCH A PASSPORT UP TO 31 DECEMBER 1997.
3. PARA. 2 OF THE SCHEDULE TO THE HONG KONG ACT 1985 PROVIDES FOR THE MAKING OF AN ORDER OR ORDERS IN COUNCIL TO IMPLEMENT THE ABOVE PROVISIONS. THE ORDER MAY ALSO MAKE PROVISION FOR THE AVOIDANCE OF STATELESSNESS AND MAY CONTAIN NECESSARY SUPPLEMENTARY, TRANSITIONAL AND CONSEQUENTIAL PROVISIONS TO THE BRITISH NATIONALITY ACT 1981 AND ANY OTHER ENACTMENT.
LIKELY ISSUES.
4. PRIOR TO THE PUBLICATION OF THE WHITE PAPER, THREE GROUPS HAVE MADE REPRESENTATIONS TO THE UK GOVERNMENT AND THE HONG KONG GOVERNMENT ON THE NATIONALITY ORDER IN COUNCIL. THEY ARE THE HONG KONG COUNCIL OF INDIAN ASSOCIATIONS. THE HONG KONG PRISONERS OF WAR ASSOCIATION AND THE ZOROASTRIAN CHARITY FUNDS OF HONG KONG,
CANTON AND MACAU..
CONFIDENTIAL
15. THERE
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