TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 46

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DESKBY FCO 1809COZ

DESKBY PEKING 1809302

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INDEX

FN HONG KONG 1903732Z DEC 94

* TO IMMEDIATE F C O

TELEGRAM NUMBER 3818 OF 13 DECEMBER

INFO IMMEDIATE PEKING (FOR GOVERNOR).

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YOUR TELNO 2437 : HONG KONG AGREEMENT : DRAFT BILL.

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1. EXCO CONSIDERED THE DRAFT BILL (YOUR TELNO 2473) THIS MORNING. SIR 3.Y. CHUNG REITERATED UNOFFICIAL MEMBERS'S VIEW THAT THEY WERE HOT CONVINCED OF THE NEED TO LEGISLATE FOR THE TERMINATION OF SOVEREIGNTY PRIOR TO RATIFICATION AND ASKED THAT THEIR STRONG PREFERENCE FOR THE ORIGINAL APPROACH (1.2. AN ENABLING CLAUSE FOLLOWED BY A SUBSEQUENT ORDER-IN-COUNCIL) BE RECORDED. I AGREED TO CONVEY THEIR VIEWS TO YOU ACCORDINGLY, BUT STRESSED THAT MINISTERS HAD DECIDED ON THE APPROACH HOW ADOPTED IN THE SILL.

2. ON THE NATIONALITY PROVISIONS (PARA 2 OF THE SCHEDULE OF THE BILL), UNOFFICIAL MEMBERS SOUGHT CONFIRMATION WHETHER IT WAS NECESSARY (REPEAT NECESSARY) FOR THE PURPOSE OF RATIFICATION TO INCLUDE PROVISIONS ON NATIONALITY AT THIS STAGE. THE ACTING ATTORNEY GENERAL EXPLAINED THAT, WHILST THIS WAS NOT ESSENTIAL, OUR UNDERSTANDING WAS THAT THE PEOPLE OF HONG KONG WOULD EXPECT TO SEE IN THIS BILL THE GENERAL SHAPE OF FUTURE LEGISLATION ON NATIONALITY, GIVEN THAT SUCH LEGISLATION WAS AN INEVITABLE CONSEQUENCE OF THE TERMINATION OF SOVEREIGNTY,

3. SURPRISINGLY, GIVEN OUR FORECAST OF THEIR LIKELY CONCERN IN PARAGRAPH 2 OF OUR TELNO 3799, UNCFFICIAL MEMBERS LOOKED AT THE INCLUSION OF THESE PROVISIONS IN THE BILL FROM A QUITE DIFFERENT STANDPOINT. THEY ARGUED STRONGLY THAT, SINCE NATIONALITY PROVISIONS WERE NOT NECESSARY AT THIS STAGE, THEY SHOULD NOT BE INCLUDED IN THE BILL. IF THEY WERE THEY WOULD BE SEEN AS PART OF THE PROCESS OF THE TRANSFER OF SOVEREIGNTY TO THE C.P.G. WHEREAS THEY ARE, IN FACT, SOLELY THE CONCERN OF HMG. IN OTHER WORDS, UNOFFICIALS OBJECT TO THE PROSPECT OF THE NATIONALITY PROVISIONS BEING DEBATED IN THE CONTEXT OF WHAT THEY DESCRIBED AS THE CHINESE INTERFACE'' THEY ADVISED THAT PARA 2 OF THE SCHEDULE SHOULD BE DELETED AND DEALT WITH SEPARATELY AFTER (REPEAT AFTEP) RATIFICATION. THEY FURTHER ADVISED THAT PARA 3 OF THE SCHEDULE SHOULD BE AMENDED TO EXCLUDE ANY AMENDMENT TO THE BNA OR ANY LEGISLATION ON NATIONALITY FROM THE SCOPE OF ANY ORDER-IN-COUNCIL MADE UNDER THAT PARAGRAPH,

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TJ.