PROCEDURES IN PARLIAMENT.
THERE IS THEREFORE A PRECEDENT FOR
PROCEDURES FOR ANNULMENT ONLY IN THIS FIELD.
HOWEVER
SUBSTANTIVE PROVISIONS ON NATIONALITY MAY BE OF SUCH
PARLIAMENTARY INTEREST THAT PRESSURE FOR A FULL AFFIRMATIVE PROCEDURE IE PRIOR APPROVAL BY BOTH HOUSES OF THE ORDERS IN COUNCIL IN DRAFT, AT LEAST ON THE MATTER OF NATIONALITY, WOULD BE DIFFICULT TO RESIST. IT COULD BE EXPLAINED THAT THE
NATIONALITY PROVISIONS WOULD BE LEFT TO ORDERS IN COUNCIL BECAUSE THEY INVOLVE DETAILED DRAFTING WHICH WOULD DELAY THE
BILL.
(C) MODIFICATIONS OF UK STATUTES IN PREPARATION FOR OR ON
TERMINATION OF SOVEREIGNTY WOULD BE DEALT WITH IN THE BILL BY ENABLING CLAUSES ALLOWING THE DETAILED PROVISIONS TO BE MADE BY ORDER-IN-COUNCIL, OR IN CERTAIN CASES, EG SHIPPING BY HONG KONG LEGISLATION. SUCH ORDERS IN COUNCIL IN ACCORDANCE WITH PRECEDENT, COULD UNLESS PARLIAMENTARY PRESSURES PROVED INEVITABLE BE SUBJECT ONLY TO NEGATIVE PROCEDURE,
IE SUBJECT TO ANNULMENT. THE MODIFICATIONS OF STATUTES ON TERMINATION OF SOVEREIGNTY CANNOT BE DEFINITIVELY SETTLED NOW
SINCE IT DEPENDS ON THE STATUS OF UK LEGISLATION IN 1997.
THE PASSAGE OF THE BILL
8. PARLIAMENT WILL HAVE BEEN GIVEN AN OPPORTUNITY TO DEBATE THE
AGREEMENT IN DECEMBER: AND IT IS HOPED THAT THERE WILL NOT BE ANY
GREAT DIFFICULTIES IN THE BILL'S PASSAGE THROUGH PARLIAMENT EARLY
IN 1985. THIS ISSUE IS HOWEVER A SENSITIVE ONE AND IT IS NOT
POSSIBLE TO RULE OUT SOME REPETITION OF PREVIOUS CONTROVERSY,
PARTICULARLY ON NATIONALITY. IT WOULD BE IMPORTANT TO INTRODUCE
THE BILL AS EARLY AS POSSIBLE IN THE NEW YEAR.
CONCLUSION
9. IT IS THEREFORE PROPOSED THAT, AS ENVISAGED ABOVE, A SHORT
BILL SHOULD BE PREPARED DEALING WITH THE TERMINATION OF SOVEREIGNTY AND INCLUDING ENABLING CLAUSES ON NATIONALITY AND
OTHER MATTERS.
10. IF THE COMMITTEE AGREES THE SECRETARY OF STATE FOR FOREIGN
AND COMMONWEALTH AFFAIRS WILL NOW SEND INSTRUCTIONS TO
PARLIAMENTARY COUNSEL FOR THE DRAFTING OF SUCH A BILL.
HOWE
FUTURE OF HONG KONG
LIMITED
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
RESEARCH D (MR WALKER)
LEGAL ADVISERS (SIR J FREELAND) PS
PS/LADY YOUNG
PS/MR LUCE
PS/PUS
SIR W HARDING
SIR C TICKELL
MR GOODALL
MR DEREK THOMAS MR. BOYD
COPIES TO:-
BUCKINGHAM PALACE
PS/LORD PRESIDENT OF THE COUNCIL
PS/HOME SECRETARY
PS/CHANCELLOR OF THE EXCHEQUER
PS/LORD PRIVY SEAL
PS/SECRETARY FOR TRADE & INDUSTRY
COPIES TO:- (VIA ADR)
MR ROBERTS NEWS DEPT
MR BICKFORD LEGAL ADVISERS
MR FIFOOT LEGAL ADVISERS
MR POWELL NO 10 DOWNING ST.
MR INGHAM NO 10 DOWNING ST.
MR MARTIN ASSESSMENTS STAFF CABINET OFFIC MR CARTLEDGE CABINET OFFICE
MR COLVIN
CABINET OFFICE
PS/S OF S FOR DEFENCE
PS/ATTORNEY GENERAL
SIR P CRADOCK
ROOM K195
SIR P CRADOCK NO 10 DOWNING ST.
5
CONFIDENTIAL