TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 150

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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213 3576

CONFIDENTIAL

F Burrows Esq CMG

Legal Advisers Branch

FCO

Downing Street

SW1.

115

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

Pa

ไข่"

2011

HKK RECEIVED

1.

2.

4

26 November 1984.

сс

Done

24/

cc Mr. Cowell HK deft. Mh. Kr. Hill & HK. Rep. to enter.

040/53.

HEGISTRY

27 NOV 1984

FICER

PA

INDes

7

де

sen

L.B.

26/11

Jem Fred.

HONG KONG BILL

Thank you for your letter of 23 November enclosing a draft of one

for Parliamentary Counsel.

2.

As regards paragraph 11 of your draft letter, I think 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

CONFIDENTIAL

Page 150Page 151

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