TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 57

HONG KONG BILL:

CONFIDENTIAL

SUPPLEMENTARIES ON NATIONALITY

WHY INCLUDE NATIONALITY PROVISIONS IN THE BILL?

24

The Government believe that it is necessary to set out in the

Bill the framework of the legislation necessary to implement the

nationality provisions in the UK Memorandum associated with the

agreement. Although the Memorandum is technically not part of the agreement, the Government consider it to represent an undertaking that they are committed to carrying out. Silence on this point would perpetuate uncertainty and might even cast doubt on the

Government's willingness to implement the provisions in the

Memorandum.

WHY IS THE ORDER IN COUNCIL PROCEDURE NECESSARY? WHY NO MORE

DETAILS IN BILL?

25 The Government are committed to ratifying the agreement before 30 June 1985. The Bill must be enacted by both Houses of Parliament

and receive the Royal Assent before this. It is not possible in the short time available to consider with the Hong Kong Government and

the Executive Council and include in the Bill all the amendments to

nationality legislation that will be required. For this reason the

Bill only contains an enabling power for a subsequent Order or

Orders in Council in which these amendments will be made. I have

however made clear the essential elements that will be included in

the Order.

I

WHY CAN'T THE ORDER IN COUNCIL BE PUBLISHED BEFORE COMMITTEE STAGE?

26 The Government is not

is not in a position to publish a draft Order in Council at this stage. It is important that adequate time should be

allowed for appropriate consultation on the details of the Order.

can, however, assure hon Members that we will publish the Order in

good time before it is debated in this House, and will give the

house an opportunity, if it wishes, to debate the order in a

preliminary way. As my Rt hon and learned Friend has said, it is our intention that the Order should be made within a year of the passage of the Bill.

WHY MUST WE STICK TO THE TERMS OF THE MEMORANDUM?

07 The Memorandum represents a commitment by HMG. On the one hand

CONFIDENTIAL