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6. Reservations of Hong Kong Executive Council described in paragraphs 11-12 of Memorandum. These might well find echoes in
Parliamentary debate.
Parliamentary Handling
7.
i)
On
Aspects of Bill most likely to attract comment in debate are:
Nationality (paragraphs 4, 5 and 12 of Memorandum).
Ministers will need to be ready to explain outline of
nationality provisions, why they are in the Bill and wh y
they take the form of enabling provisions. FCO and Home
Office officials are in close contact over the detailed
line to take. Would welcome assistance of Home Office
Ministers when these aspects of Bill are discussed.
the new nationality title (paragraph 5 of Memorandum),
"British national: special status" has been suggested to
EXCO. Their initial reaction was unfavourable, but they
will consider it again on 9 January. Another
possibility is "British Overseas National". We shall
take matters forward as quickly as possible in
consultation with the Home Office, in hope that title can
be agreed with Chinese and incorporated in Bill.
Sovereignty (paragraph 11 of Memorandum). Will need to
explain why termination of sovereignty is covered in Bill
itself, 12 years in advance of Hong Kong's restoration to
China. Essential to permit ratification. In extreme
case of Chinese non compliance with agreement, this
procedure is just as "reversible" (by subsequent amending
legislation) as a provision for termination by subsequent
Order in Council would be.
ii)
iii)
Privileges and Immunities. Always sensitive in
Parliamentary terms but only involves 5 individuals in
London for a few days a year.
As Memorandum states, precedent suggests that all stages should
be taken on the floor of the House.
8.
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