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FUTURE OF HONG KONG: LEGISLATION

3 September 1984

MKT)

PS

PS/M Luce Rs/eus Sri P Cradock

I have seen a copy of Geoffrey Howe's minute to you of 28 August about the likely Sir J Freeland

need for legislation on Hong Kong next Session. My interest is primarily in the need to amend the British Nationality Act 1981.

As Geoffrey says in paragraph 5 of his minute, we cannot yet be certain what legislative changes will be needed: nor, so far as nationality is concerned, the latest date by which they must be enacted. I understand, however, that present indications are that to meet the views of the Chinese, it may be necessary to have amended the British Nationality Act before July 1987 - ten years before the transfer of sovereignty.

Mr Bickford

If that is how things turn out, then, it seems to me, there would be much to be said for including the amendments to the British Nationality Act in the Bill that Geoffrey needs to introduce this Session. Otherwise we shall have to find legislative time for a separate Bill in the lifetime of the present Parliament. We should have two occasions, probably in successive Sessions, for argument over the terms of the settlement with the Chinese and its effect on the people of Hong Kong. There might also be a greater risk that if the amendments to the Nationality Act necessitated by the Hong Kong settlement were made in a separate Bill they would provide the occasion for the Opposition to table and discuss amendments to other provisions of that Act which, as you have every reason to know, was, and remains, a controversial measure.

Obviously we cannot reach a final decision at present, but I thought I should let you have this indication of my concerns.

I am copying this letter to Geoffrey Howe, John Biffen, Michael Havers and

Sir Robert Armstrong.

Cegal Achose

The Rt Hon The Viscount Whitelaw, CH., MC.

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