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CONFIDENTIAL
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THE SUBJECT OF LOCAL LAW AND SHOULD NOT REQUIRE UNITED KINGDOM LEGISLATION. ADAPTATION OF SUBORDINATE LEGISLATION REFERRING OR APPLYING TO HONG KONG CAN BE CONSIDERED SEPARATELY.
THE FORM OF THE LEGISLATION
6. THE LEGISLATION MUST COVER THE SUBJECTS IN (A) AND (C) ABOVE. THERE ARE ARGUMENTS BOTH FOR AND AGAINST INCLUDING (B)
WHICH IS NOT NECESSARY AS A PRELIMINARY TO RATIFICATION. ON THE
ONE HAND TO DEAL WITH THIS ASPECT IN THIS ACT WOULD AVOID THE
NEED FOR A FUTURE INDEPENDENT ACT TO AMEND THE BNA: SUCH AN ACT
COULD GIVE RISE TO PRESSURES IN PARLIAMENT FOR WIDER AMENDMENTS TO THE BNA UNCONNECTED WITH HONG KONG. MOREOVER, BECAUSE OF
THE 10 YEAR PERIOD OF VALIDITY OF PASSPORTS, LEGISLATION MAY WELL BE NECESSARY BEFORE 1987, TO ALLOW PASSPORTS THAT WILL EXTEND BEYOND 1997 TO BE ISSUED IN THE NEW FORM. ON THE OTHER HAND THERE IS NO DOUBT THAT THE NATIONALITY PROVISIONS OF THIS AGREEMENT ARE ITS MOST CONTROVERSIAL ASPECTS, AND THERE IS A DANGER THAT CONTROVERSY ABOUT THEM MIGHT DELAY THE LEGISLATION. WE CANNOT AFFORD THIS GIVEN THE TIME LIMIT FOR RATIFICATION WHICH HAD TO BE WRITTEN INTO THE AGREEMENT. PROBABLY THE BEST COMPROMISE WOULD BE TO INCLUDE IN THIS BILL AN ENABLING CLAUSE ALLOWING AN ORDER-IN-COUNCIL TO BE MADE AT A LATER DATE TO SET
THE REGULATIONS FOR THE NEW FORM OF BRITISH NATIONALITY
ENVISAGED. BUT IT WOULD HAVE TO BE RECOGNISED THAT IF THE
PRESENCE OF SUCH A CLAUSE IN THE BILL APPEARED LIKELY TO DELAY
THE BILL'S PASSAGE UNACCEPTABLY, IT WOULD HAVE TO BE DROPPED FROM
THE BILL.
7.
THE PROPOSED BILL WOULD DEAL WITH THE SUBJECTS IN PARAGRAPH 4
AS FOLLOWS:
(A) THE TERMINATION OF SOVEREIGNTY (PARAGRAPH 4(A)) IN THE CEDED
TERRITORIES COULD BE MADE:
EITHER:
(I) BY A CLAUSE IN THE ACT WHICH WOULD ITSELF TERMINATE UK
SOVEREIGNTY OVER THE CEDED TERRITORIES AS FROM 1 JULY 1997:
(II) BY AN ENABLING CLAUSE GIVING POWER TO MAKE AN ORDER IN COUNCIL BRINGING INTO EFFECT THE TERMINATION OF SOVEREIGNTY
FROM 1 JULY 1997.
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CONFIDENTIAL