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than by leaving it to an Order in Council.
The latter procedure had
The
been floated with the EXCO Unofficials in April, although no commitment had been given and it had been explicitly suggested that there would be further opportunity to discuss the matter. problem that we now saw in that course was that a proposed Order in Council might attract affirmative proceedures in Parliament which would make ratification by 30 June 1985 impossible. If the Chinese were to go back on their part of the agreement. It would be theoretically possible to withhold an Order in Council or to repeal legislation: the practical effect would be the same.
If we were to
opt for an Order in Council we could also have trouble with the Chinese.
4.
Mr Luce thought that it might be necessary to include the title of the new nationality status for BDTCs in the Bill. Mr Galsworthy said that we proposed not to begin discussion with the Chinese about the title until after the signature of the agreement.
We should try
to avoid controversy with EXCO on this point until after their visit to London and the Parliamentary debate. We might however have to include the title in the Bill at a later stage. In any event we would be able to give a precise description of the status and rights of former BDTCs after 1997. Mr Luce said that Sir Anthony Kershaw had said that members would probably attach the greatest importance to nationality in discussion of the Bill on Hong Kong.
MOTION
5. Mr Galsworthy said that he would be discussing the terms of the motion with the Parliamentary Clerks. As in strict constitutional terms the agreement did not need the House's approval it was important to avoid creating precedents.
PRIME MINISTER'S VISIT TO PEKING
6. Sir P Cradock said that the Prime Minister would make up her mind about the timing of the visit within a week or 10 days.
PARLIAMENTARY HANDLING
7. Mr Luce said that he saw no need to brief MPs at this stage. Some briefing on nationality might be necessary later. The offer of Home Office Ministers to help over the nationality provisions of the
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