TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 211

DD HONG KONG 080030Z

CONFIDENTIAL

HKK 040/4

• #rj Y

· 9 JAN 1935

2709

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GRS 1000

CONFIDENTIAL

DESKBY 080030Z

FM FCO 071045Z JAN 85

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 31 OF 7 JANUARY 1985

INFO IMMEDIATE PEKING

по

Пис

the

YOUR TELNO 17: HONG KONG BILL: NATIONALITY PROVISIONS

1.

PARA 2 OF TUR. THE ATTORNEY-GENERAL WAS CORRECT IN STATING

THAT THE ORDERS-IN-COUNCIL RELATING TO NATIONALITY PROVISIONS

WOULD BE SUBJECT TO AFFIRMATIVE RESOLUTIONS OF BOTH HOUSES OF

PARLIAMENT. YOU MAY EXPLAIN TO EXCO THAT IN THEORY THERE ARE TWO

WAYS OF DEALING WITH ORDERS-IN-COUNCIL IN THE HOUSE OF COMMONS:

A) IF THE ORDER IS UNCONTENTIOUS, IT CAN, WITH THE AGREEMENT

OF THE OPPOSITION, BE TAKEN 'UPSTAIRS IN COMMITTEE' IT

WOULD NORMALLY BE APPROVED AFTER A SHORT DEBATE. THE

COMMITTEE REPORTS BACK TO THE HOUSE WHICH GIVES FORMAL

APPROVAL BUT DOES NOT DIVIDE.

•

B) IF THE ORDER IS A CONTENTIOUS ONE OR DEALS WITH AN

IMPORTANT MATTER, THE GOVERNMENT OR OPPOSITION CAN ASK FOR

IT TO BE TAKEN BY A COMMITTEE OF THE FULL HOUSE, IE ON THE

FLOOR OF THE HOUSE. THERE IS THEN A SUBSTANTIVE DEBATE IN

WHICH THE ORDER IS EXAMINED CLAUSE BY CLAUSE. THERE COULD-

BE DIVISIONS ON ANY AMENDMENTS TABLED AND A FINAL DIVISION

ON THE BILL AS AMENDED.

THE PROCEDURE IS BASICALLY SIMILAR IN THE HOUSE OF LORDS.

2. IT IS NOT POSSIBLE AT THIS STAGE TO PREDICT WITH CERTAINTY

HOW THE ORDER OR ORDERS RELATING TO NATIONALITY WILL BE TAKEN IN

PARLIAMENT. BUT WE SUGGEST THAT YOU MAKE THREE GENERAL POINTS

(WHICH INCLUDE THOSE REFERRED TO IN YOUR TELNO 40 PARA 3) TO

EXCO ABOUT THE PROCEDURE THAT WOULD BE ADOPTED:

I) IT IS AN ENTIRELY PUBLIC ONE. A DRAFT ORDER IS

PUBLISHED BEFORE BEING DISCUSSED. THAT DISCUSSION,

WHETHER IN COMMITTEE OR ON THE FLOOR OF THE HOUSE, IS

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