TNAG-1341-FCO40-17721-Visit-by-Margaret-Thatcher--UK-Prime-Minister--to-Beijing-fo-1985 — Page 158

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4. THE ATTORNEY-GENERAL NOTED THAT IN CARLIER DISCUSSIONS STRESS HAD BEEN PLACED ON THE PARLIAMENTARY DIFFICULTIES ASSOCIATED WITH THE ORDER-IN-COUNCIL PROCEDURE. IT WAS NOW ARGUED THAT IT WOULD BE UNACCEPTABLE TO THE CHINESE. HE WONDERED WHETHER THE CHINESE WOULD SEE ANY REAL DIFFERENCE BETWEEN THE TWO PROCEDURES. SIR P. CRADOCK SAID THERE WAS NO DOUBT THAT THE CHINESE WOULD SEE THE ORDER-IN-COUNCIL AS AN UNNECESSARY ADDITIONAL STEP AND WOULD REACT ADVERSELY IF THAT PROCEDURE WERE ADOPTED. BUT THE RISK THAT PARLIAMENT WOULD INSIST ON AN ORDER-IN-COUNCIL BEING SUBJECT TO PARLIAMENTARY APPROVAL REMAINED, WITH THE CONSEQUENT RISK OF HMG BEING UNABLE TO RATIFY. THE TWO ARGUMENTS SUPPORTED EACH OTHER.

NATIONALITY:

5. SIR S.Y. CHUNG REPEATED THE UNOFFICIALS VIEW THAT SINCE NATIONALITY FROVISIONS WERE NOT NECESSARY FOR RATIFICATION THEY SHOULD NOT BE INCLUDED IN THE BILL. MISS DUNN SAID THAT PEOPLE IN HONG KONG WOULD THINK THAT THE BRITISH GOVERNMENT WERE PROCEEDING WITH UNDUE HASTE IF THEY LEGISLATED FOR NATIONALITY NOW. MOREOVER, THE BILL DID NOT ANSWER THE KIND OF QUESTIONS WHICH PEOPLE WERE AKSING. THEIR QUESTIONS WERE ADOUT MATTERS OF DETAIL ON WHICH THE BILL WAS SILENT.

6. THE SECRETARY OF STATE SAID THAT IN HMG'S JUDGEMENT IT WAS NECESSARY TO SET OUT THE FRAMEWORK OF THE LEGISLATION OR NATIONALITY AIRISING FROM THE AGREEMENT AND THE UK MEMORANDUM IN THE BILL, BUT IMPLEMENTATION WAS BETTER DEALT WITH BY ORDER- IN-COUNCIL. TO LEAVE THE WHOLE MATTER UNTIL LATER WOULD LEAD TO DOUETS AS TO WHETHER HMG INTENDED TO CARRY OUT THEIR UNDERTAKINGS IN THE UK MEMORANDUM. THERE WOULD ALSO BE RISKS INVOLVED IN MAKING CHANGES TO THE SNA THE SUBJECT OF A SEPARATE BILL AT A LATER STAGE SINCE PARLIAMENT MIGHT SEEK TO DEAL WITH NON-HONG KONG ISSUES IN THAT BILL. THE GOVERNOR ADDED THAT WHILE SOME PEOPLE IN HONG KONG MIGHT QUESTION THE DESIRABILITY OF INCLUDING PROVISIONS ON NATIONALITY IN THE DILL, THERE WAS NO DOUFT IN HIS MIND THAT THERE WOULD MUCH SUSPICION OF HIS'S INTENTIONS IF NO SUCH PROVISION WAS MADE. THERE WAS ALREADY A GOOD DEAL OF SCEPTICISM ABOUT THE EXCHANGE OF MEMORANDA.

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