TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 216

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11.

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if such children would atherwise be stateless, and ii) any former

Hong Kong BDTCs who are not regarded as Chinese nationals and, for

whatever reason, do not 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

will be required to achieve the objectives set out 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

with respect to this part of

the Draft Bill.

AMENDMENT TO THE BNA 1981

to

Some Lords may wish to take the opportunity to propose amendments the British Nationality Art 198 1 for purposes quite unrelated to

Hong Kong. Ministers will wish to resist these on

they would be inappropriate in a Hong Kong Bill.

on the

the grounds that

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

them separately at a later date. Ministers will wish to

necessary to ret ou t

on nationality arising

To do otherwise would

in

take the line that in HMG's judgment it is

the Bill the framework of the legislation

from the agreement and the UK Memorandum.

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

willingness to implement the provisions of the Memorandum.

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