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situation is more likely to arise if we envisage such an Order in
Council, than if we go for legislation to effect a transfer now.
4.
On the nationality point we have consulted further with Home
Office officials. We understand that the Home Secretary remains
adamantly opposed to a separate Act to amend the BNA, on the not
unreasonable grounds that this would allow a whole host of
amendments to be put forward which were nothing to do with
Hong Kong. Nor would a separate Hong Kong (consequential
legislation) bill be very attractive, since there would be very
little to go into it. Most of the changes to UK legislation could
not be made until we approached 1997. A strong consideration in
favour of the Home Secretary's wish to make provision now is the
probability that we shall need the legislation before 1987 in order
to continue to issue passports with the normal 10 years validity.
understand that the Home Secretary is likely to be content with an
enabling clause, and will not press for legislation to deal
I
definitively with the nationality point in this Bill. But wire noucen? holes?
5. If we agree to adopt the approach favoured by the Home
Secretary, there will not be much that is controversial about this
paper. It might therefore conceivably be possible to put the paper
directly to the QL Committee, perhaps sending copies for information
only to OD (K). However the Secretary of State may well feel that in
view of the importance of the legislation and its rather unusual
nature it should be put first to OD(K). This might perhaps be done
out of committee, since a meeting will not be possible until after
22 October. It might also be possible to clear it subsequently out
of Committee with QL. We should aim to send instructions to
Parliamentary Counsel as soon as possible. These instructions are
being prepared in the meantime on a contingency basis, and provided
that agreement is reached before the end of October we think that
this should be sufficient.
6. Whichever way we proceed the Home Secretary has asked if we
could clear the paper with the Home Office before circulating it.
If the Secretary of State is content with the general line we shall
try to do this at official level, and at the same time clear the provisions on diplomatic privileges and immunities for Chinese
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