CONFIDENTIAL
6450
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THE WORDING OF THE MEMORANDUM WAS AOREED, AND IT SEEMS RATHER
HARSH.
IF YOU AGREE, THEN IT MIGHT BE NECESSARY TO QUALIFY THE
DEFINITION EITHER SPECIFICALLY OR BY SOME SORT OF GENERAL SAVER
SO AS TO AVOID THIS OUTCOME. BUT WE WONDER WHETHER THE WORDINO
OF OARAGRAPH 2(1)(A) OF THE SCHEDULE TO THE BILL IS SUFFICIENTLY
WIDE TO ALLOW US TO DO THIS IF WE THOUGHT FIT. ON THE ONE HAND
IT MIGHT BE AGREED THAT IT IS OPEN TO US TO DEFINE 'A CONNECTION
WITH HONG KONG' IN ANY WAY WE LIKE. ON THE OTHER HAND IT MIGHT
BE ARGUED THAT BIRTH IN HONG KONG IS ITSELF SUCH AN OBVIOUS
CONNECTION THAT IT IS NOT WITHIN OUR POWERS EITHER TO EXCLUDE
OR QUALIFY IT. SUBJECT TO YOUR VIEWS ON THE PRINCIPLES INVOLVED,
WE WONDER WHETHER IT MIGHT BE USEFUL TO CONSULT PARLIAMENTARY
COUNSEL ABOUT THIS TO SEE WHETHER HE IS STAISFIED THAT THE POWERS
IN THE BILL GIVE US SUFFICIENT FLEXIBILITY TO DEFINE 'A CONNECTION
WITH HONG KONG' SO AS TO EXCLUDE SOME 'MIXED' BDTCS IF NECESSARY.
ENDS
HOWE
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DISTRIBUTION:
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