OUT TELEGRAM (CONT)
Classification and Caveats
CONFIDENTIAL
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NATIONALITY
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We are all clear that although it is not necessary for the
Bill to deal with nationality in order to make ratification
possible it will not in practice be desirable or feasible to put
forward a Bill which does not touch on nationality. There is
however no doubt that nationality is the most controversial
to
aspect of the agreement and the legislation, and there is a
danger that a controversy over it might delay ratification. We
cannot afford this, given the time limit set for ratification.
The conclusion we have come to therefore is that we shall need
include in the legislation an enabling clause allowing an Order
or Orders in Council to be made subsequently to establish the
regulations for the new form of nationality envisaged, and of
course to make provision against statelessness in the case of
those who would have no other form of nationality. There is room
for discussion on the form of this enabling clause, which might
be drafted so as to give some indication of the likely parameters
of the subsidiary legislation by Order in Council. We do not
however think that it will be possible to deal substantively with
the nationality issue in such a way as to make further subsidiary
Legislation unnecessary. Provisions in such detail could delay
the drafting, introduction and discussion of the Bill to the
point where our timetable for ratification was put at risk.
AMENDMENTS TO STATUTES
6. It will be necessary for the Bill to deal with modifications
of Laws in preparation for or
for or consequent on the termination of
sovereignty. This would be done by the inclusion of enabling
clauses allowing subsequent subsidiary legislation. It is our
intention to seek provisions in the Bill which would allow the
UK, acting by Order in Council, or Hong Kong, acting by Local
ordinance subject to disallowance and subject to other controls
33 imposed by the Letters patent and the royal instructions, to
34 repeal or amend any Act, Order
Order or Regulation in so far as it is
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