TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 131

GRS 900

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1716

CONFIDENTIAL

OF 23101OZ AUGUST 35

INFO IMMEDIATE PEKING

HKKD40/4

2.7 AUG 1985

(346)

زه

INDEX

MIPT: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL.

TEXT OF DRAFT REPLY IS AS FOLLOWS

BEGINS.

DEAR MR HARILELA,

Action Taken

Rechargs co カドー

THANK YOU FOR YOUR LETTER OF 16 AUGUST 1985 CONCERNING THE

PROCEDURE FOR MAKING THE ORDER IN COUNCIN ON NATIONALITY.

I FULLY APPRECIATE YOUR CONCERN AS TO WHETHER AMENDMENTS

COULD BE MADE TO THE DRAFT ORDER IN THE LIGHT OF VIEWS EXPRESSED

BETWEEN THE TIME THE DRAFT ORDER IS PUBLISHED AND WHEN IT IS

FINALLY PRESENTED TO PARLIAMENT FOR APPROVAL. I AM PLEASED TO

INFORM YOU THAT THERE WILL INDEED BY AMPLE OPPORTUNITY FOR YOUR

COUNCIL TO SUGGEST CHANGES, IF THEY SO WISH, AND IT WILL BE POSSIBLE FOR THE DRAFT ORDER TO BE AMENDED BEFORE IT IS FINALLY

PRESENTED TO PARLIAMENT FOR APPROVAL.

YOUR QUITE RIGHT IS SAYING IN PARAGRAPH 3 OF YOUR LETTER THAT UNDER THE NORMAL AFFIRMATIVE RESOLUTION PROCEDURE FOR MAKING AN ORDER IN COUNCIL, 1.E. WHEN PARLIAMENT IS INVITED TO APPROVE IT BY AFFIRMATIVE RESOLUTION, IT IS NOT POSSIBLE TO MAKE AMENDMENTS

TO THE DRAFT ORDER. THE HOUSE WOULD VOTE ON THE DRAFT ORDER

PRESENTED, AND COULD ADOPT OR REJECT IT IN ITS ENTIRETY. BUT THE

PROCEDURE TO BE ADOPTED IN THE CASE OF THE HONG KONG (BRITISH

NATIONALITY) ORDER WILL BE DIFFERENT.

IN ORDER TO GIVE PARLIAMENT AN OPPORTUNITY TO DEBATE THOROUGHLY THAT ORDER IN COUNCIL, MINISTERS HAVE GIVEN REPEATED ASSURANCES DURING THE PASSAGE OF THE HONG KONG BILL THAT THE ORDER

IN COUNCIL WOULD BE INTRODUCED IN DRAFT FORM AND THAT PARLIAMENT

WOULD BE ABLE TO HAVE A PRELIMINARY DEBATE ON THE DRAFT ORDER.

FOR EXAMPLE, DURING THE COMMITTEE STAGE OF THE HONG KONG BILL IN

THE HOUSE OF COMMONS ON 6 FEBRUARY 1985, MR RICHARD LUCE, MINISTER

OF STATE FOR FOREING AND COMMONWEALTH AFFAIRS, SAID THAT -

'... WE AGREE THAT THE HOUSE MUST BE GIVEN THE OPPORTUNITY

TO HAVE A PRELIMINARY DESATE ON THE DRAFT ORDER. IN OTHER

WORDS, IT WILL BE, AS SOME HON. MEMBERS HAVE DESCRIBED, AN

ORDER WITH GREEN EDGES. ACCORDING TO THE WAY IN WHICH THE

DEBATE GOES, THE GOVERNMENT WILL, IF NECESSARY, WITHDRAW THE DRAFT ORDER AND REVISE IT BEFORE LAYING IT AGAIN BEFORE

THE HOUSE FOR DESATE IN THE NORMAL WAY UNDER THE AFFIRMATIVE

RESOLUTION PROCEDURE. IT WILL BE OPEN TO THE HOUSE TO EXPRESS

CONFIDENTIAL

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