TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 162

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

AMENDMENT NUMBERS

RESIST

LINE TO TAKE

CONFIDENTIAL

- 30 -

I will now consider amendments no

Enabling

clauses customarily use the word "may" rather than the word "shall"

because the discretion to use the power to make Orders in Council

lies with the Crown, acting through the Privy Council. It would be

quite inappropriate for Parliament to seek to bind the Crown by

replacing the word "may" by the word "shall" in these three cases.

The Government recognises the importance of avoiding statelessness.

It

is for that reason that they have included paragraph 2(3) in the

Schedule. Firm commitsments in this respect have already been given

to the House. The Government also realises the importance of making

the necessary changes in legislation provided for under paragraph 3

of the Schedule. That is why we have included enabling clauses in

the Bill. The proposed amendments would be inconsistent with

legislative practice and I urge the committee to reject them.

CONFIDENTIAL

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