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10.
Nor, on reflection, would we find a second Hong Kong
Bill very attractive. 'here would be very little to go into it, except (b) (amendment of the British Nationality Act) and possibly (c) (modification of United Kingdom encactments).
Furthermore it is impossible to know what the circumstances
will be in two or three years' time.
11.
On the other hand there is no doubt that the nationality arrangements resulting from the negotiations are the most controversial aspect of the agreement, and there is a danger that if they were included in the Bill controversy might delay the legislation. We cannot afford this, given the time limit
set for ratification.
12.
I have therefore come to the conclusion that, subject
to the Home Secretary's views, the best procedure would be
to include in this Bill an enabling clause allowing an Order
in Council to be made at a later date to establish the new
form of British nationality envisaged. There is a precedent
for such an Order in Council, subject only to annulment
procedures. However constitutional provisions on nationality
may be of such Parliamentary interest that pressure for a
further affirmative procedure, 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 would delay the Bill. If however the presence of an
enabling clause in the Bill appeared likely to delay its passage to a point which put ratification at risk, I believe
we would have to drop the clause from the Bill.
13.
I should be grateful for your views on the substance
of what we are now inclined to propose, and on likely
Parliamentary reactions.
14.
We then need to consider how the paper could best be handled by Cabinet committees. Once its lines have been agreed
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