TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 65

DI

CONFIDENTIAL

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

200

203

Ref: NTY/85 1/387/1

A C Galsworthy Esq Hong Kong Department

Foreign and Commonwealth Office

Whitehall London SW1

Dear Tony,

HONG KONG SETTLEMENT:

ORDER IN COUNCIL

3 May 1985

HKK 040/4

- 9 MAY 1985

You will have seen that our Minister of State answered a Parliamentary Question on 22 April about the proposed timing for the Order in Council to implement the nationality provisions of the Hong Kong Act. I enclose for ease of reference a copy of that Question and Answer.

The Home Office accepted the Question on the basis, which you and I had earlier discussed, that the Ministerial responsib- ility for the Order in Council rested with the Home Secretary.

It may be useful for me to confirm now in writing that the Home Secretary has been consulted, and agrees that since the Order in Council will amend the British Nationality Act for which he has the primary Ministerial responsibility, it will be for him to present the Draft Order in Council to both Houses of Parliament, for Home Office Ministers to answer the consequent Parliamentary debates and for the Home Secretary then formally to submit the Order to the Privy Council. It follows from this that the responsibility for preparing the Draft Order rests with our legal advisers.

In practice, of course, we shall need, as in the past, to continue to consult closely with you, and through you with Hong Kong, on outstanding policy issues, and on the drafting of the Order. We think the next step is probably for our legal advisers to prepare a fresh draft and to invite your comments on it. We shall do this as quickly as we can.

You may in the meantime like to have the attached copy of a list which defines those British Dependent Territories citizens who will lose that citizenship under the terms of the Order. You will see that it is a long and detailed document and I think both our legal advisers are agreed that we should try and find a legal form of words that does not require us to annex such a list to the Order in Council itself.

CONFIDENTIAL

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