TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 92

07 '86 16:30 GMT HO 2 LUNAR HOUSE

HÔNG KONG NATIONALITY ORDER IN COUNCIL

DRAFT OPENING SPEECH (LORDS)

P.02

1. The draft Nationality Order which is before your Lordships today implements the nationality provisions of the Sino-British Agreement on the future of Hong Kong.

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2. Your Lordships will recall the detailed consultations with Hong Kong and

consideration by your Lordships' House which have brought us to this point, and which have led us to amend our original proposals. During the debate in

December 1984 on the future of Hong Kong the Government explained ite nationality

proposals contained in the United Kingdom Memorandum associated with the Sino-British Agreement. These proposals, set out in the Schedule to the Hong Kong Act 1985, were debated in some detail in this House before the Act was passed early last year. In response to representations by a number of noble Lords we agreed to extend the

statelessness provisions to the grandchildren of former British Dependent Territories citizens if they were born stateless. And in fulfilment of commitments given by the Government, the provisions of the draft Order were debated at some length in

this House in January.

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3. It is entirely right that Parliament should have considered the proposals 30

carefully. The nationality arrangements will have a far reaching effect on the

Lative 34 million BDTCs in Hong Kong and it is essential to the success of the agreement with the Chinese that we get them right. We have therefore given very careful

consideration to all the points raised in this House. We have gone a long way towards

meeting Hong Kong's wishes, and we believe that the proposals now before the House

are fair, consistent and comprehensive.

Apart from one or two technical and drafting amendments, the Order is the same

as the draft which your Lordships considered in January. I need therefore only

remind your Lordships of its essential provisions. The Order provides that those who are British Dependent Territories citizens by virtue of a connection with Hong Kong will lose that status in 1997, but will be entitled to acquire British National (Overseas) status and the passport that goes with it. The Order also makes provisions to guard against statelessness.

5. The Order will come into effect on 1 July 1987. That will give third countries time to get used to the new passport, and will enable passports to continue to be