TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 162

CONFIDENTIAL

DIFFICULTIES WHICH MAY ARISE

11.

Four main areas of difficulty may arise with respect to this part

of the Draft Bill.

Amendments to the BNA 1981

12.

Some members may wish to take the opportunity to propose amendments

to the British Nationality Act 1981 for purposes quite unrelated to

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

13. Some members may question why nationality provisions need to be

included in the draft Bill, while others may consider the provisions

are not detailed enough.

14.

Those who question why they are included at all may argue that these

are purely a matter for HMG; do not need to be enacted before the

agreement 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 judgement it is necessary to set out in the Bill the

framework of the legislation on nationality arising from the agreement

and the UK Memorandum. To do otherwise would perpetuate uncertainty

and might lead to doubts as to HMG's willingness to implement the

provisions of the Memorandum.

15. Those who consider they are not detailed enough may argue that HMG's

intentions are not sufficiently plain in the Bill, and that doubts and

uncertainty therefore still remain. They may wish to know the contents

of the Order in Council so as to satisfy themselves that Hong Kong's

interests are properly met. In particular they may:

a) criticise the fact that the title of the new form of British

nationality does not appear in the Bill, and argue that the lack of

a name indicates that the substance is also missing;

A

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CONFIDENTIAL