TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 242

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subject to annulment.

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 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 ie. prior approval by both Houses of the

Orders in Council in draft, at least on the matter of

nationality, would be difficult to resist.

It could be explained that the nationality provisions would be

left to Orders in Council because they involve detailed

drafting which could delay the Bill and because they must take

account of the state of nationality law in 1997. The

modifications of statutes on termination of sovereignty cannot

be definitively settled now since it depends on the statue of

UK legislation in 1997; similarly the terms of any

transitional measures which might possibly require

modification of Statutes even before 1997 cannot now be

predicted.

THE PASSAGE OF THE BILL

8.

Parliament will have been given an opportunity to

debate the agreement in December;

will not be any great difficulties

and it is hoped that there

in the Bill's passage

through Parliament early in 1985. This issue is however a

sensitive one and it is not possible to rule out some

repetition of previous controversy.

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/CONCLUSION