CONFIDENTIAL
Аз
42
attached
Private Secretary
FROM:
A C GALSWORTHY, HKD DATE: 17 January 1985
co: PS/Mr Luce PS/PUS
Dr Wilson
Legal Advisers
HONG KONG BILL: SECOND READING DEBATE: NATIONALITY
1.
Your minute of 16 January recorded the Secretary of State's view that his speech should include a passage on the rights and privileges that the new nationality status would carry. We have in fact inserted a passage on these lines into the first draft of Mr Luce's speech, which was submitted last night, and will transfer this to the Secretary of State's speech.
2.
We spoke about Mr Thompson's remarks to you about the draft Order-in-Council. It is true that the Home Office have prepared a first draft of the Order. This has, however, only recently been sent to us. We have not yet had time to look at it in detail, our Legal Advisers have not had the opportunity to consider it and no one in Hong Kong has yet seen it at all. I am fairly sure that it will take some considerable time to negotiate this Order with Hong Kong. Their lawyers will examine it meticulously. Their officials will no doubt have strong views and EXCO will be extremely concerned to ensure that the Order fully meets their requirements, particularly now that they are aware that there will be no scope for amending
it.
3.
•
To lay a draft Order in the Library of the House would give the impression that we are almost ready to put it forward for debate. This is not the case. Moreover, EXCO would probably think that we were attempting to bounce them into agreeing to
Order that did not fully meet their requirements. It is essential that the Order should have EXCO's imprimatur before it is published. Any attempt to rush them would be very dangerous.
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Finally I am not really sure that it would help to deal with Mr Powell S amendment to show that we were in fact practically ready to bring in the legislation, even if we were. I should have thought that there could well be a reaction that in that case we should include it substantively in the Bill and give Parliament a chance to amend it if it wished. This sort of development obviously could badly delay the Bill, and even result in our having to drop the nationality provisions altogether.
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CONFIDENTIAL