TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 48

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-

if such children

would

Hong Kong BDTCs who are

whatever reason,

inclusion

in

do not

otherwise be

stateless, and

ii) any former

not regarded as Chinese nationals and, for

acquire the new nationality status, if they

too would otherwise be stateless. The second provision permits the

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 to this part of

the Draft Bill.

AMENDMENT TO THE BNA 1981

Some

to

to

Lords may wish to take the opportunity to propose amendments

the British Nationality Act 1981 for purposes quite unrelated

Hong Kong. Ministers will wish to resist these on the grounds that

they would be inappropriate in a Hong Kong Bill.

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

enacted

in

are purely a matter for HMG, that they do not need to be

before the agreement is

is ratified, and that it would be preferable to

deal with them separately at a later date. Ministers will wish to

take the line that in HMG's judgment it is necessary to set ou t

the Bill the framework of the legislation on nationality arising

from the agreement and the UK Memorandum. Το do otherwise would

might lead to doubts as to HMG's

willingness to implement the provisions of the Memorandum.

perpetuate

uncertainty and

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