TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 146

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

CONFIDENTIAL

SUPPLEMENTARIES ON NATIONALITY

WHY INCLUDE NATIONALITY PROVISIONS IN THE BILL?

1.

the

the

the

the

The Government believe that it is necessary to set out in

Bill the framework of the legislation necessary to implement

nationality provisions

in the UK Memorandum associated with

agreement. Although the Memorandum is technically not

part of

agreement it i s associated with it and 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?

2.

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 i s 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.

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

3. The Government

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. I can, however, as sure hon Members that we will publish the Order in

good time before it

debated in this House, and will give

house

if opportunity,

Rt my

Order

an

preliminary way.

our

intention

the

is

it wishes, to debate the

hon and

order

in

a

should be made within a year of

it learned Friend has said,

is

the

A s

that the

passage of the Bill.

CONFIDENTIAL

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