CONFIDENTIAL
SUPPLEMENTARIES ON NATIONALITY
WHY INCLUDE NATIONALITY PROVISIONS IN THE BILL?
1.
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 it is 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 provisions in the Memorandum.
WHY IS THE ORDER IN COUNCIL PROCEDURE NECESSARY? WHY NO MORE
DETAILS IN BILL?
the
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 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.
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 ti me before it i s debated in this House, and will give the
house an opportunity, if
wishes, it
to debate the order in a
preliminary way. As my Rt hon and learned Friend has said, i t i s
our intention that the Order should be made within a year of
passage of the Bill.
the
CONFIDENTIAL
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