138
Why
not?
CONFIDENTIAL
139
Mr Galsworthy, HKD
HONG KONG BILL
1.
in Inwell
We need a
minulé explaming
the
shut
this dearly to
graté
a
drafting point so
Secretary of the wan't really making
point so unch
vering womy.
Thank you for showing me Mr Ricketts' minute of 5 December recording the Secretary of State's views on paragraph 2(2) of the schedule to the second draft Bill. This suggests that the schedule should state specifically that the "other form of British nationality" shall not carry with it any suggestion of a right of entry to or abode in the United Kingdom. I have discussed this suggestion with Mr Pakenham-Walsh (Home Office).
2.
a
Under the terms of the paragraph, as presently drafted, no Order made under it could create any right of entry to or abode in the United Kingdom. The provision suggested by the Secretary of State need not therefore be included in the Bill in order to produce the result he wishes. Its insertion could only have presentational advantages. Mr Pakenham-Walsh tells me, however, that he and his administrators would strongly oppose the insertion of any words into this Bill referring to rights of entry or rights of abode because they consider it wrong to mix provisions of that kind with provisions about nationality. If the Secretary of State wishes me to invite Parliamentary Counsel to add the provision he has suggested, the Home Office would like an opportunity to submit to the Home Secretary that he should oppose it.
6 December 1984
Copy to:
Mr Powell, HKD
7. Bunows
F Burrows Legal Counsellor
HKK 040/53
RECEIVED IN R
13 DEC 1984
DESK OFFICHA
INDEX
PA
CONFIDENTIAL