TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 79

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

CONFIDENTIAL

Those who consider that the provisions are not detailed enough may argue that HMG's intentions are not sufficiently plain in the Bill,

and that doubts and uncertainty may therefore still remain. They

ma y wish to know the contents of the Order in Council SO as to

satisfy themselves that Hong Kong's interests are properly met.

Ministers will wish to take the

take the line that the detailed provisions of

the Order in Council have to be fully discussed

be fully discussed with Hong Kong, and that there was insufficient time to do this early enough to meet the need for the enabling Bill to be passed in time for ratification of

the agreement in June. The timing of the Order in Council has not yet been decided, but it will probably need to be in place in 1986

in order to fit in with the normal 10-year validity period of passports, and to give Hong Kong as much time as possible to issue passports to all who want them.

ORDER IN COUNCIL PROCEDURE

In the House of Commons an amendment was put down by Mr Eroch Powell

and the Opposition to remove the nationality provisions from the schedule to the Bill in their entirety, on the grounds that it was

not appropriate to create

form of nationality by subordinate legislation and that a separate Bill should be introduced dealing

with nationality.

a

1

The Opposition was particularly concerned about the fact that the

Order in Council containing the detailed nationality provisions would be unamendable and would be debated, so they said, only for one

and a half hours. In face of pressure from all sides of the House

Ministers agreed that a draft Order in Council would be introduced with "green edges" for a preliminary debate. In light of that debate the draft Order would, i f necessary, be withdrawn amended

and reintroduced for debate in the normal way under positive

resolution proceedures. This would follow the precedent of the Dairy Produce Quotas Regulation, 1984.

CONFIDENTIAL

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.