CONFIDENTIAL
HICK 040/53
RECEIVED
REGISTRY
27 NOV 1984
D-SZ OFFICER
pa
HOME OFFICE
QUEEN ANNE'S GATE
LONDON SWIH 9AT
213 3576
F Burrows Esq CMG
INDEX
Legal Advisers Branch
FCO
Downing Street
SW1.
Year Fred.
HONG KONG BILL
PA
Mr. Dam Mr. Powell
Encomaging है In Man
1. cc
2.
22 November 1984.
Mr. Galsworthy
Mr. Hall
Hu. House
Hong Kong Dept. 6 enter
7.B.22/11
Thank you for sending me a copy of the draft Bill. In case you
were concerned at the lack of any response from us before now
I should mention that although your covering minute was dated
15 November it did not arrive here until the 20th.
2.
We have just one point to make on the provisions about nationality in paragraph 2 of the Schedule. As you know, it is
essential for us to have cut-off dates for applications for the
new form of nationality if we are to comply with the UK Memorandum.
Otherwise we shall not be in a position to ensure that all the
people that want it have been issued or included in a passport
before the hand-over date or, as the case may be, before the
end of 1997. The matter is dealt with in paragraph 11 of the
Instructions. Although it is probably the case that cut-off dates
are within the vires of the general words in the present draft we
would like to urge that they should be specifically mentioned.
If one has to rely on the general words the vires could well be
questioned by the Joint Committee when the Order in Council goes
through Parliament and we cannot afford to lose the argument at
that stage and be asked to remove the provisions about cut-off
dates. The Joint Committee are increasingly disposed to question
the use to which general enabling powers are put and, if there is no express cover in the Bill, they may take the view that cut-off
dates are at odds with the proposed right of Hong Kong BDTCs to
acquire British nationality.
CONFIDENTIAL