TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 98

t

LORDS BRIEFING NOTE ON HONG KONG (BRITISH NATIONALITY) ORDER 1986

1. The British Nationality Order will implement the nationality arrangements which

were agreed with the Chinese Government at the time of the Joint Declaration in

December 1984.

2.

The Joint Declaration was widely welcomed. It is essential to show now that

one of its most sensitive and difficult aspects, the nationality arrangements, can

be implemented in an ordered and timely way.

3. The detailed nationality arrangements we have proposed have been subject to

the most careful consultation and debate. We have referred to Parliament every

step of the way: and we have had the fullest and most detailed discussions possible

with Hong Kong. Apart from the debate on the Agreement in December 1984, there

was very full consideration of the Hong Kong Bill, which set the basic framework

for our nationality proposals, and there was a further long debate in January 1986

on the draft Order. Given too the detailed examination which has been undertaken

also in the Hong Kong Legislative and Executive Councils it is probably one of the

most scrutinised pieces of legislation for a very long time.

4.

That scrutiny has had results. The Government has not been inflexible. We

have tried all along the way to meet the wishes of Hong Kong and to take note of

the views of Parliament. That was why we extended the provision of British Overseas

citizenship to grandchildren during the Hong Kong Bill's passage in the Lords.

We also made many detailed amendments to the Order as we were preparing it in response

to Hong Kong.

5. By January we had won agreement to the basic provisions of the Order. The Order

provides that all those who are British Dependent Territories citizens by virtue

of their connection with Hong Kong shall no longer have that citizenship on

1 July 1997 (when Hong Kong reverts to China) but shall have the right to apply

to be British Nationals (Overseas) and the passport that goes with it. British

National (Overseas) cannot, however, be passed on to future generations. This is

widely recognised as the best we could negotiate with the Chinese and it has been

accepted in Hong Kong.

6. The January debate, however, raised 3 points which were being pressed by the

Hong Kong Legislative and Executive Councils. These were:

1

-