CONFIDENTIAL
11
-
if such children
would
Hong Kong BDTCs who are
whatever reason,
inclusion
in
do not
otherwise be
stateless, and
ii) any former
not regarded as Chinese nationals and, for
acquire the new nationality status, if they
too would otherwise be stateless. The second provision permits the
the Order in Council of the detailed amendments that
will be required to achieve the objectives set out in subparagraph 1
of paragraph 2 and to other commitments in the UK Memorandum.
Paragraph 2 (4) provides that orders shall only be made under this paragraph after complying with the affirmative resolution procedure
of both Houses of Parliament.
DIFFICULTIES WHICH MAY ARISE
Four main areas of difficulty may arise with respect to this part of
the Draft Bill.
AMENDMENT TO THE BNA 1981
Some
to
to
Lords may wish to take the opportunity to propose amendments
the British Nationality Act 1981 for purposes quite unrelated
Hong Kong. Ministers will wish to resist these on the grounds that
they would be inappropriate in a Hong Kong Bill.
INCLUSION OF NATIONALITY PROVISIONS IN THE BILL
Some Lords may question why nationality provisions need to be
included in the draft Bill, while others may consider the provisions
are not detailed enough.
Those who question why they are included at all may argue that these
enacted
in
are purely a matter for HMG, that they do not need to be
before the agreement is
is ratified, and that it would be preferable to
deal with them separately at a later date. Ministers will wish to
take the line that in HMG's judgment it is necessary to set ou t
the Bill the framework of the legislation on nationality arising
from the agreement and the UK Memorandum. Το do otherwise would
might lead to doubts as to HMG's
willingness to implement the provisions of the Memorandum.
perpetuate
uncertainty and
CONFIDENTIAL