F
GRS 2300
CONFIDENTIAL
FM HONG KONG
TO DESKBY 21130OZ FCO
TELNO 1694
OF 21111OZ
INFO IMMEDIATE PEKING,
CONFIDENTAL
COPY
HKK.
RECETY
POISTRY
2 2 AUG 1985
(341)
334-8
YOUR TELNOS 1160 TO 1164: HONG KONG AGREEMENT
NATIONALITY ORDER IN COUNCIL.
GISTRY
un Taken
Commenteão
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BEARING IN MIND THE AUDIENCE AT WHICH THE WHITE PAPER IS DIRECTED MOST OF WHOM WILL BE LAYMEN IN THE SUBJECT OF BRITISH NATIONALITY LAWS, A GENERAL COMMENT IS THAT THE LANGUAGE OF THE DRAFT WHITE PAPER NEEDS CONSIDERABLE REVISION AND CLARIFICATION IN MANY AREAS. THE WHITE PAPER WILL ALSO BE CAREFULLY STUDIED BY THE CHINESE GOVERNMENT AND MUST THEREFORE ALSO HAVE REGARD TO THEIR SENSIBILITIES. OTHER GENERAL COMMENTS ARE THAT THE WORDS
'THE AGREEMENT', WHENEVER THEY APPEAR, SHOULD BE REPLACED BY 'THE JOINT DECLARATION' TO ACCORD WITH THE PROPER TITLE OF THE SINO-BRITISH AGREEMENT ON THE FUTURE OF HONG KONG: AND THE WORDS 'THE GOVERNMENT', WHENEVER THEY APPEAR, SHOULD BE REPLACED BY 'HER MAJESTY'S GOVERNMENT' TO AVOID POSSIBLE CONFUSION WITH THE HONG KONG GOVERNMENT WHEN READ IN HONG KONG. WE SUGGEST ALSO THAT REFERENCES TO SSOURCE MATERIALS, E.G. OFFICIAL REPORT
SHOULD BE DEALT WITH BY WAY OF FOOTNOTE RATHER THAN IN THE BODY
OF THE TEXT.
2. OUR COMMENTS ON THE DRAFT TEXT IN FIFTH TUR ARE AS FOLLOWS-
•
(A) PARA. 1. WE SUGGEST THE THIRD SENTENCE SHOULD END' .TO GIVE
EFFECT BY ORDER IN COUNCIL TO THE PROVISIONS OF THE UNITED KINGDOM
MEMORANDUM ASSOCIATED WITH THE JOINT DECLARATION', IN ORDER NOT TO
GIVE THE IMPRESSION THAT THE CHINESE HAVE THE RIGHT TO INFLUENCE
DOMESTIC UK LEGISLATION:
...
(3) PARA. 2. WE SUGGEST THE THIRD SENTENCE SHOULD END .THAN THE JSUAL PROCEDURE FOR MAKING AN ORDER IN COUNCIL, I.E. THE AFFIRMATIVE
RESOLUTION PROCEDURE, ALLOW', AND THAT AN EXPLANATION OF THE AFFIRMATIVE RESOLUTION PROCEDURE BE GIVEN IN A FOOTNOTE. THERE IS CONSIDERABLE INTEREST HERE IN THE NATURE OF AFFIRMATIVE RESOLUTION PROCEDURE, AND A BRIEF EXPLANATION OF THIS IN THE WHITE PAPER WOULD BE MOST HELPFUL. WE SUGGEST THE FOURTH SENTENCE SHOULD BE EXPANDED TO READ ...AND THE ANNEXED DRAFT ORDER BEFORE THE DRAFT ORDER IS RE-PRESENTED FOR APPROVAL BY RESOLUTION OF EACH HOUSE OF PARLIAMENT UNDER THE USUAL AFFIRMATIVE RESOLUTION
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