CONFIDENTIAL
DIFFICULTIES WHICH MAY ARISE
11.
Four main areas of difficulty may arise with respect to this part
of the Draft Bill.
Amendments to the BNA 1981
12.
Some members may wish to take the opportunity to propose amendments
to the British Nationality Act 1981 for purposes quite unrelated to
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
13. Some members may question why nationality provisions need to be
included in the draft Bill, while others may consider the provisions
are not detailed enough.
14.
Those who question why they are included at all may argue that these
are purely a matter for HMG; do not need to be enacted before the
agreement 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 judgement it is necessary to set out in the Bill the
framework of the legislation on nationality arising from the agreement
and the UK Memorandum. To do otherwise would perpetuate uncertainty
and might lead to doubts as to HMG's willingness to implement the
provisions of the Memorandum.
15. Those who consider they are not detailed enough may argue that HMG's
intentions are not sufficiently plain in the Bill, and that doubts and
uncertainty therefore still remain. They may wish to know the contents
of the Order in Council so as to satisfy themselves that Hong Kong's
interests are properly met. In particular they may:
a) criticise the fact that the title of the new form of British
nationality does not appear in the Bill, and argue that the lack of
a name indicates that the substance is also missing;
A
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