Mr Hum, HKD
CONFIDENTIAL
HKK 040/53
RECEIVED IN REGISTRY
1 50CT 1984
16
DESK OFFICER INDEX
PA
REGISTRY Action Taken
JAK
16x
Legislation on Hong Kong
The Secretary of State has seen Mr Galsworthy's submission of 4 October, together with Sir P Cradock's comments (dated 3 October).
The Secretary of State notes that this advice differs from the line he has taken so far in OD(K) in two respects. First, we are now favouring legislation which would not provide for a subsequent Order in Council to give it effect. Second, we are now proposing to deal with the nationality point by means of enabling clause in this Bill.
The Secretary of State is inclined to agree that this would be the right course, if we can get away with it in Parliamentary terms. He has commented with reference to paragraph 3 of Mr Galsworthy's submission that the question of whether there would be Parliamentary pressure to make the later order in Council subject to either positive or negative Parliamentary approval is not really a point for the Legal Advisers. It is more a question of Parliamentary judgement. The same is true of the pros and cons of including a nationality clause.
The Secretary of State would accordingly prefer to minute to colleagues immediately concerned (Leader of the House, Lord President, Home Secretary and the Prime Minister) explaining why we are now on a different tack on both these issues from the one which the Secretary of State advocated in OD(K). In the light of their comments, we can then judge whether to put these proposals formally to Q(L).
5 October, 1984
cc: PS/Mr Luce
PS/PUS
Sir P Cradock
Sir J Freeland
Mr Burrows, Legal Advisers
Parliamentary Unit
Mr Wood, Legal Advisers Mrs Radice, PD
R Двама
(P F Ricketts)
CONFIDENTIAL
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