TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 226

CONFIDENTIAL

2527

1

THAT THERE MIGHT BE ABOUT THE IMPLICATIONS OF THE MEMORANDUM.

SILENCE ON THIS POINT WOULD PERPETUATE UNCERTAINTY AND MIGHT EVEN

CAST DOUBT ON HMG'S WILLINGNESS TO IMPLEMENT THE PROVISIONS IN

THE MEMORANDUM.

WHY IS THE ORDER IN COUNCIL NECESSARY?

4.

HMG ARE COMMITTED TO RATIFYING THE AGREEMENT BEFORE 30 JUNE

1985. THE BILL MUST BE ENACTED BY PARLIAMENT BEFORE THIS. IT IS NOT POSSIBLE IN THIS SHORT TIME TO CONSIDER AND PUT FORWARD FOR

DEBATE ALL THE DETAILED AMENDMENTS TO NATIONALITY LEGISLATION

THAT WILL BE REQUIRED. FOR THIS REASON THE BILL ONLY CONTAINS AN

ENABLING POWER FOR A SUBSEQUENT ORDER OR ORDERS IN COUNCIL IN

WHICH THESE AMENDMENTS WILL BE MADE.

WHAT EFFECT WILL THE BILL HAVE ON THE PRESENT POSITION OF HONG

KONG BDTCS?

5. NONE. THE BILL MERELY PROVIDES AN ENABLING POWER FOR HMG TO

INTRODUCE A SUBSEQUENT ORDER IN COUNCIL. SUBJECT TO

PARLIAMENTARY APPROVAL THIS ORDER WILL GIVE EFFECT TO THE

PROVISIONS OF THE UK MEMORANDUM. BUT EVEN THEN HONG KONG BDTCS

WILL RETAIN THE STATUS OF BDTC, WHICH WILL NOT BE AFFECTED IN ANY

WAY, UNTIL 1 JULY 1997. THEY WILL ALSO BE ELIGIBLE TO RETAIN

ANOTHER FORM OF BRITISH NATIONALITY FOR THE REST OF THEIR LIVES.

WHAT WILL BE INVOLVED WHEN AN ORDER-IN-COUNCIL RELATING TO

NATIONALITY IS BROUGHT FORWARD FOR CONSIDERATION BY PARLIAMENT?

6. A DRAFT ORDER-IN-COUNCIL IS PUBLISHED IN ADVANCE OF ITS

BEING CONSIDERED BY PARLIAMENT. AS ORDERS-IN-COUNCIL RELATING TO

NATIONALITY WILL BE SUBJECT TO AFFIRMATIVE RESOLUTION PROCEDURES

THEY WILL BE THE SUBJECT OF A DEBATE, EITHER BY THE HOUSE OF

COMMONS AS A WHOLE OR BY A COMMITTEE OF THE HOUSE. THAT DEBATE

IS OF COURSE OPEN TO THE PRESS AND THE PUBLIC, AND A RECORD OF

THE DEBATE IS PUBLISHED. THE ORDER IS THEN APPROVED BY A VOTE OF

THE HOUSE OF COMMONS. PROCEDURES ARE BASICALLY THE SAME FOR THE

SUBSEQUENT CONSIDERATION BY THE HOUSE OF LORDS.

ENDS.

2

CONFIDENTIAL

iHowe