TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 27

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.

in the UK

in

the

the

The Government believe that it is

necessary to set out

Bill the framework of the legislation necessary to implement nationality provisions

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.

the

WHY IS THE ORDER IN COUNCIL PROCEDURE NECESSARY? WHY NO MORE

DETAILS IN BILL?

2.

and

The Government are committed to ratifying the agreement before

30 June 1985. The Bil1 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

the Executive Council and include in the Bill

nationality legislation that will be required.

Bill only contains an enabling power for a subsequent Order or

Orders in Council

I have

in

which these

all the amendments to

For this reason the

in

amendments will be made.

however made clear the essential elements that will be included

the Order.

WHY CAN'T THE ORDER IN COUNCIL BE PUBLISHED NOW?

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

noble Lords can, however, assure hon Members that we will publish the Order in

in

debated

this House, and will give the

in

a

i s

good time before it is

house an opportunity, if it wishes, to debate the order preliminary way. As my Rt hon and learned Friend has said, It

our intention that the Order should be made within a year of

passage of the Bill.

the

CONFIDENTIAL

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