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RAISE THIS POINT WHEN THEY WERE IN LONDON AT THE BEGINNING OF
DECEMBER.
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7. THE DRAFT BILL IS DUE TO BE CIRCULATED TO MEMBERS OF THE LEGISLATION COMMITTEE BY 2 JANUARY IN PREPARATION FOR DISCUSSION ON 9 JANUARY. ANY DELAY WOULD HAVE OBVIOUS CONSEQUENCES FOR THE
LEGISLATIVE TIMETABLE.
LINE TO TAKE
8. THE SECRETARY OF STATE MAY WISH TO TAKE THE LINE THAT BOTH
PARLIAMENT AND THE PEOPLE OF HONG KONG WILL EXPECT TO SEE IN THE
BILL THE GENERAL OUTLINE OF THE LEGISLATION ON NATIONALITY WHICH
WILL BE NECESSARY AS A CONSEQUENCE OF THE HONG KONG AGREEMENT AND
THE UK MEMORANDUM ASSOCIATED WITH IT. IT IS GENERALLY UNDERSTOOD
IN HONG KONG THAT CHANGE WILL BE NECESSARY. BUT THERE HAS BEEN
SOME UNCERTAINTY AND EVEN CONFUSION ABOUT THE NATURE OF THAT CHANGE, IN PART AS A RESULT OF THE NECESSARY OBLIGQUENESS OF THE WORDING OF THE UK MEMORANDUM. SOME EXPLANATION HAS BEEN GIVEN BY MINISTERS, BUT A FULLER EXPLANATION IS AWAITED BOTH IN PARLIAMENT
AND IN HONG KONG.
9. IN OUR VIEW, THEREFORE, IT WOULD BE BENEFICIAL FOR HONG
KONG IF ANY REMAINING UNCERTAINTY COULD BE RESOLVED BY FURTHER EXPLANATION IN THE CONTEXT OF THE INTRODUCTION OF THE HONG KONG
BILL. IT IS HARD TO UNDERSTAND WHY THE INCLUSION OF A REFERENCE
TO THE NATIONALITY PROVISIONS WITHIN THE BILL WOULD BE SEEN IN
HONG KONG AS SO UNDESIRABLE, WHEN THESE consequenCES FOR OUR DOMESTIC LEGISLATION ARE SO CLEARLY AND DIRECTLY A CONSEQUENCE OF
THE HONG KONG AGREEMENT AND THE UK MEMORANDUM. IN ANY CASE THE PROVISIONS THEMSELVES WILL BE IN A SEPARATE ORDER IN COUNCIL, TO BE DEALT WITH IN PARLIAMENT QUITE SEPARATELY FROM THE HONG KONG
BILL AND AT A LATER DATE.
10. THE SECRETARY OF STATE MIGHT SAY IT IS OUR JUDGMENT THAT
PARLIAMENT WILL CERTAINLY EXPECT TO BE GIVEN FURTHER DETAILS OF
PROPOSED CHANGES TO UK NATIONALITY LEGISLATION WHEN THE HONG KONG
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/BILL.