TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 162

CONFIDENTIAL

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THE

ORDER WAS PUBLISHED IN THE UK AND HONG KONG ON 17 OCTOBER. 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 AND A QUARTER 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 CONNECTION 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 DRAFT ORDER PROVIDES THAT

DEFINITION. IT SETS OUT IN A CONVENIENT AND LOGICAL FORMAT ALL

THE WAYS IN WHICH A PERSON MAY HAVE BECOME CONNECTED WITH HONG

KONG. IT ENCOMPASSES ALL THE HONG KONG BRITISH DEPENDENT

TERRITORIES CITIZENS LISTED IN ANNEX 2 TO THE WHITE PAPER, ALTHOUGH AS THE WHITE PAPER EXPLAINS, VIRTUALLY ALL SUCH PEOPLE

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CONFIDENTIALL