LORD PRESIDENT
OF THE COUNCIL
CONFIDENTIAL
HKK 040/53
RECEIVED IN REGISTRY'
2 3 OCT 1984
DESK OFFICER
INDEX
PA
REGISTRY
Action Taken
31
PRIVY COUNCIL OFFICE
WHITEHALL. LONDON SWIA 2 AT
Dean Leather
Plwmediate 19 October 1984
HONG KONG
Mr Galsworth, Mkr
PS.
estor Luce
Sir P Gadock
Sie J Freeland
Your minute of 8 October asked for my views about the two ince legal Adviser
major outstanding issues on the Hong Kong Bill.
seen the minutes from the Attorney-General and the Home Secretary
On the first point, about sovereignty, I would agree with you that the best course of action is to include a provision in the Bill which itself terminates UK sovereignty over the ceded territories as from 1 July 1997. The risks of the other route, both in terms of Parliamentary difficulties which might lead to a failure to ratify the agreement, and indeed to the effect of the procedure on the Chinese, are in my view too greater to be taken. Since the British Parliament is sovereign, we always have the option of reversing our own primary legislation if at some time in the future the wisdom of ceding the territory to the Chinese is thought to have changed. Personally, I very much doubt that this will be the case.
On the second issue, about nationality, I am, as you will imagine, concerned that the Bill should contain as little as possible in order to ensure its rapid progress through both Houses. Bearing in mind that there will have been a debate on the provisions of the Hong Kong White Paper in both Houses, I would have thought that a provision providing powers for Orders in Council to be made about nationality at some time in the future would be entirely reasonable.
I would not see objection to accepting that such Orders should be subject to the affirmative procedure. I am therefore not particularly in favour of the Home Secretary's suggestion that certain of the key elements of nationality legislation should be included in the Bill itself. This will not only complicate the handling of the Bill, it may also delay its introduction. Unless therefore there are very strong arguments for including particular provisions, I would prefer that we adopt the route of enabling powers in all respects.
The Rt Hon Sir Geoffrey Howe QC MP
CONFIDENTIAL
Page 210Page 211
}
>