TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 68

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

4.

An Order in Council made under the Hong Kong Act 1985 is

necessary to implement this agreement. The is made under the

affirmative resolution procedure: it can either be approved or

rejected by the House, but it cannot be amended.

5.

Understandably, the details of the Order have been of great

concern in Hong Kong, and the nationality provisions were the

subject of the bulk of the debates in Parliament on the Agreement

and on the Hong Kong Bill. To meet this concern, it was agreed

that a draft of a draft Order (described as "an Order with green

edges") should be submitted to Parliament for full debate. The

Government would then consider whether or not the points made

during the debates called for any changes in the draft, in so far

as these were consistent with the Hong Kong Act. The final draft

would then be presented for approval in the normal way.

6.

The debates on the draft Order took place in January this

year. As expected, the major issues raised were the three requests

made by UMELCO, namely:

a)

the endorsement in BN(0) passports

b)

the grant of British citizenship to former

servicemen and

c)

the grant of British citizenship rather than

British Overseas citizenship to non-ethnic Chinese

BDTCS if they would otherwise be stateless in 1997.

7.

The Home Secretary announced on 23 April that the Government

agreed to the first two requests, but not to the request on behalf

of the non-ethnic Chinese. This is the major issue likely to be

raised during the debates on the Order.

8.

The Government stated during the course of the debate on

the Bill that it was the intention to make the Order within a year

of the Passage of the Bill (that is by April 1986). This target

date has slipped by a few weeks, and the draft Order was laid

on 23 April.

61.2

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