TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 161

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THESE NATIONALITY PROVISIONS ARISE DIRECTLY OUT OF THE

SINO-BRITISH JOINT DECLARATION ON HONG KONG AND ITS ASSOCIATED

EXCHANGE OF MEMORANDA ON NATIONALITY. HON MEMBERS WILL RECALL

THAT THE HOUSE DEBATED AND APPROVED THE GOVERNMENT'S INTENTION TO

SIGN THE AGREEMENT JUST OVER A YEAR AGO, AFTER THE PEOPLE OF

HONG KONG HAD BEEN GIVEN AN OPPORTUNITY TO EXPRESS THEIR VIEWS,

AND THE OVERWHELMING MAJORITY HAD FOUND IT ACCEPTABLE.. FOLLOWING

THAT DEBATE, MY RT HON FRIEND THE PRIME MINISTER WENT TO PEKING

TO SIGN THE AGREEMENT.

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AS A CONSEQUENCE THE HONG KONG ACT WAS PASSED AND

RECEIVED ROYAL ASSENT IN APRIL THIS YEAR. AMONG OTHER MATTERS

THAT ACT PROVIDED FOR THE ENDING OF BRITISH SOVEREIGNTY AND

JURISDICTION OVER HONG KONG. PARAGRAPH 2 OF THE SCHEDULE TO THE

AT PROVIDED FOR THE ENDING ON 1 JULY 1997 OF BRITISH DEPENDENT

TERRITORIES CITIZENSHIP FOR THOSE HAVING SUCH CITIZENSHIP

THROUGH A CONNECTION WITH HONG KONG. THE ACT PROVIDED THAT THOSE

WHO WERE SUCH CITIZENS ON THAT DATE COULD ACQUIRE AS OF RIGHT A

NEW FORM OF NATIONALITY, KNOWN AS BRITISH NATIONAL (OVERSEAS) STATUS.

THE SCHEDULE ALSO PROVIDED THAT AN ORDER IN COUNCIL MIGHT MAKE

PROVISIONS FOR THE TRANSFER FROM BRITISH DEPENDENT TERRITORIES

CITIZENSHIP TO THE NEW STATUS: FOR THE NECESSARY ARRANGEMENTS FOR

MAKING APPLICATIONS FOR THE NEW STATUS: AND FOR THE AVOIDANCE OF

STATELESSNESS.

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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.

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.

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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

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CONFIDENTIAL