TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 78

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be

if such children would otherwise

stateless, and ii) any former Hong Kong BDTCs who are not regarded as Chinese nationals and, for

whatever reason, do not opt to acquire the new nationality status, if they too would otherwise be stateless. The second provision

permits the inclusion in the Order in Council of the detailed

amendments that

that will be required

be required to achieve the objectives set ou t

in subparagraph 1 of paragraph 2 and to other commitments in the UK

Memorandum.

Paragraph 2 (4) provides that orders shall only be made under this

paragraph after complying with the affirmative resolution procedure

of both Houses of Parliament.

DIFFICULTIES WHICH MAY ARISE

Four main areas of difficulty may arise with respect to this part of

the Draft Bill.

AMENDMENT TO THE BNA 1981

Some Lords may wish to take the opportunity to propose amendments to the British Nationality Act 1981 for purposes quite unrelated to

Hong Kong. Ministers will wish to resist these on the grounds that

they would be inappropriatee in a Hong Kong Bill.

INCLUSION OF NATIONALITY PROVISIONS IN THE BILL

Some Lords may question why nationality provisions need to be

included in the draft Bill, while others may consider the provisions are not detailed enough.

Those who question why they are included at all may argue that these

are purely a matter for HMG, that they do not need to be enacted before the agreement is ratified, and that it would be preferable to deal with them separately at a later date. Ministers will wish to take the line that in HMG's judgment it is necessary to set ou t the Bill the framework of the legislation on nationality arising

from the agreement and the UK Memorandum. To do otherwise would

in

perpetuate uncertainty and might lead to doubts as to HMG's

willingness to implement

to implement the provisions of the Memorandum.

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