DD HONG KONG 080030Z
CONFIDENTIAL
HKK 040/4
• #rj Y
· 9 JAN 1935
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GRS 1000
CONFIDENTIAL
DESKBY 080030Z
FM FCO 071045Z JAN 85
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 31 OF 7 JANUARY 1985
INFO IMMEDIATE PEKING
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YOUR TELNO 17: HONG KONG BILL: NATIONALITY PROVISIONS
1.
PARA 2 OF TUR. THE ATTORNEY-GENERAL WAS CORRECT IN STATING
THAT THE ORDERS-IN-COUNCIL RELATING TO NATIONALITY PROVISIONS
WOULD BE SUBJECT TO AFFIRMATIVE RESOLUTIONS OF BOTH HOUSES OF
PARLIAMENT. YOU MAY EXPLAIN TO EXCO THAT IN THEORY THERE ARE TWO
WAYS OF DEALING WITH ORDERS-IN-COUNCIL IN THE HOUSE OF COMMONS:
A) IF THE ORDER IS UNCONTENTIOUS, IT CAN, WITH THE AGREEMENT
OF THE OPPOSITION, BE TAKEN 'UPSTAIRS IN COMMITTEE' IT
WOULD NORMALLY BE APPROVED AFTER A SHORT DEBATE. THE
COMMITTEE REPORTS BACK TO THE HOUSE WHICH GIVES FORMAL
APPROVAL BUT DOES NOT DIVIDE.
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B) IF THE ORDER IS A CONTENTIOUS ONE OR DEALS WITH AN
IMPORTANT MATTER, THE GOVERNMENT OR OPPOSITION CAN ASK FOR
IT TO BE TAKEN BY A COMMITTEE OF THE FULL HOUSE, IE ON THE
FLOOR OF THE HOUSE. THERE IS THEN A SUBSTANTIVE DEBATE IN
WHICH THE ORDER IS EXAMINED CLAUSE BY CLAUSE. THERE COULD-
BE DIVISIONS ON ANY AMENDMENTS TABLED AND A FINAL DIVISION
ON THE BILL AS AMENDED.
THE PROCEDURE IS BASICALLY SIMILAR IN THE HOUSE OF LORDS.
2. IT IS NOT POSSIBLE AT THIS STAGE TO PREDICT WITH CERTAINTY
HOW THE ORDER OR ORDERS RELATING TO NATIONALITY WILL BE TAKEN IN
PARLIAMENT. BUT WE SUGGEST THAT YOU MAKE THREE GENERAL POINTS
(WHICH INCLUDE THOSE REFERRED TO IN YOUR TELNO 40 PARA 3) TO
EXCO ABOUT THE PROCEDURE THAT WOULD BE ADOPTED:
I) IT IS AN ENTIRELY PUBLIC ONE. A DRAFT ORDER IS
PUBLISHED BEFORE BEING DISCUSSED. THAT DISCUSSION,
WHETHER IN COMMITTEE OR ON THE FLOOR OF THE HOUSE, IS
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