TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 115

CONFIDENTIAL

5. The framework has therefore already been established by the agreement

and by the Hong Kong Act 1985. The Order in Council which will follow must

keep within that framework. Its role is not to reopen questions already considered and approved by the House, but to establish the detailed arrangements which will be necessary to give effect to the provisions set out in the Agreement

and the Act.

6. The Government undertook in response to points made on both sides of the House during the debate on the Hong Kong Bill to put forward its detailed proposals for the nationality Order in good time and in a form which would allow them to be debated and if necessary amended, before the House was invited to give its approval. This we have done. The White Paper containing the Order was published in the UK and Hong Kong on 17 October. The people of

Hong Kong have had a full opportunity to comment on the Order. Hon Members

now have a chance to express their views. The Government will listen carefully

to these views. We shall consider particularly whether we should amend any

of the provisions in the Order attached to the White Paper. And we shall

then lay formally a draft nationality Order before Easter.

7. The provisions in the Order are of vital interest to the 3 million British

Dependent Territories citizens who are resident in Hong Kong. As hon Members will know the White Paper was debated in the Hong Kong Legislative Council on 4 December 1985. The Government attaches great importance to the views

expressed there and in other forums. We had agreed the text of the White

Paper with the Hong Kong Government and Executive Council, and we have been

monitoring Hong Kong opinion on the White Paper closely. The Governor of

Hong Kong has sent the Government full reports of reaction in Hong Kong to the White Paper.

8. I turn now to the draft Order itself. The White Paper provides a background commentary which explains the effects of the Articles and how they fit in

to the framework of the Hong Kong Act.

9. I should like to make it clear at the outset that the Order can, by definition. affect only those people who are British Dependent Territories citizens by

virtue of a conneciton with Hong Kong. It cannot therefore affect anyone who is not a British Dependent Territories citizen, or whose citizenship

can be derived wholly from a connection with another dependent territory.

But it is not sufficient simply to refer in the Order to "a connection with Hong Kong" without defining what such a connection may be. Article 2 of the

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