TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 122

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because of the 10 year period of validity of passports, legislation

may well be necessary before 1987, to allow pasports that will

extend beyond 1997 to be issued in the new form. On the other hand

the nationality provisions of the agreement are without doubt its

most controversial aspects, and there is a danger that if they are

included in the Act the controversy they give rise to might delay

the enactment of the legislation. We cannot afford this, given the

time limit for ratification.

In view of these factors the best procedure would be to include in

the Bill an enabling clause allowing later subordinate legislation.

This clause would confer powers to make provision about nationality,

including powers to amend the British Nationality Act, as necessary or expedient in consequence of termination of sovereignty and the ending of the lease. Rather than confer unqualified powers in this respect, the clause would confer powers with certain stated objects,

in particular removing Hong Kong from the list of dependent territories, withdrawing British Dependent Territories Citizenship

from Hong Kong BDTCs and entitling them to acquire a new form of

nationality. Provisions on nationality are usually set out in

detail in Independence Acts, but in the Cyprus Act 1960 this was left to be done by the Order in Council, subject only to annulment

procedures in Parliament. There is therefore a precedent for procedures for annulment only in this field. However substantive provisions on nationality may be of such Parliamentary interest that pressure for a full affirmative procedure would be difficult to

resist. It could be explained that the nationality provisions would

be left to Order in Council because they involve detailed drafting

which would delay the Bill. If the pressure of such a clause on

nationality in the Bill appeared likely to delay the Bill's passage unnacceptably, it would have to be dropped from the Bill.

(c) Modifications of UK statutes in preparation for or consequent

upon the ending of sovereignty and the lease would be dealt with in the Bill by enabling clauses allowing the detailed modifications to be made by Order in Council, or, insofar as a UK statute operates in Hong Kong, by Hong Kong legislation. The Hong Kong legislation

would be subject to the normal controls including the power of

disallowance, but could have extraterritorial effect. Such Orders

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