TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 149

CONFIDENTIAL

EXTRACT FROM MR PAKENHAM-WALSH'S LETTER DATED 26 NOVEMBER 1984

"... it should be emphasised that we are not only concerned in

obtaining an assurance about the extent of the vires of the

enabling powers, though that is obviously important. What we

fear is that without a specific reference in the Bill to cut-

off dates for applications it will be said in Parliament that

cut-off dates are not consistent with the spirit of the Act,

inasmuch as it may be read as contemplating that all people who

are Hong Kong BDTCs should be able to acquire the new status

whenever they apply. They would then see cut-off dates in the

Order in Council as a misuse or unexpected use of the powers.

One has to have particularly in mind the potential difficulties

in the House of Lords where it is not always possible to rely

on the Whip to ensure that Government wishes prevail. One has

only to recall the Government's failure to persuade the House

of Lords over Gibraltar during the passage of the British

Nationality Bill. If the House of Lords were to decline to give us the necessary affirmative resolution for an Order in Council containing cut-off dates on the grounds that these

were offensive to the Act our scheme for implementing the

UK Memorandum would fall apart."

CONFIDENTIAL