TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 115

PRIME MINISTER

CONTIDENTAL

HOME

SECRETARY

HKJ

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HKK OTO/ Commenting micke text- His morning LE/Minuke anday)

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This minute seeks your agreement, and that of other colleagues, to the publication of a White Paper, draft attached, on the nationality provisions of the Hong Kong Act 1985. The purpose of the White Paper is to present to Parliament the draft of an Order in Council to implement the nationality arrangements of the Sino-British Agreement on the future of Hong Kong. This draft is at Annex 1 of the draft White Paper.

PS

Sir W Mardy De Wilse

You will recall that during the debates on the Hong Kong Bill in Parliament some concern was expressed that in a matter of such importance as nationality detailed amendments of the law were to be made by an Order in Council thereby restricting opportunity for Parliament to debate and seek to amend the provisions. It was therefore agreed to lay before Parliament a preliminary draft Order (which was described as "an Order with green edges") for full debate. We undertook to consider points made during those debates and to see whether they called for any changes to be made to the draft Order, recognising, of course, that the Order itself had to be consistent with the provisions of the Hong Kong Act. The draft Order would then subsequently be laid before Parliament again in the usual way.

We are committed to making the Order within a year of the passing of the Hong Kong Act: that is to say, by April 1986. We have also promised to introduce the preliminary draft well in advance of this date to give time to Parliament and the people of Hong Kong to assess it and to give their views. The Hong Kong Government have asked for a period of eight weeks for this purpose. This timetable points to publication of the White Paper in the middle of next month so that the debates on it could take place before Christmas.

The general lines of the nationality provisions were, as you know, settled during the negotiations with the Chinese, and embodied in the enabling provisions of the Hong Kong Act. The proposed Order in Council does no more than give more detailed legislative form to the agreement already reached, and there are no particular points to which I need draw your attention. The text of both has been agreed between my Department and the Foreign and Commonwealth Office and also with the Hong Kong Government. It seems unlikely that the White Paper will attract much public attention here, although there will be more interest in its provisions in Hong Kong. Comments made in Hong Kong will no doubt be reflected in Parliamentary debates here but insofar as people in Hong Kong may take the opportunity to revive the arguments about the general shape of the agreement reached with the Chinese, we shall have to make it quite clear that neither that agreement nor the terms of the subsequent legislation can now be altered.

I am copying this letter and enclosures to other OD(K) colleagues, and also to John Biffen, John Wakeham, Bertie Dunham and Sir Robert Armstrong. I should be grateful to know whether you and they are content. In order to allow time for printing and publication, which will take place simultaneously in London and Hong Kong, it would be helpful if any comments could reach me by 11 October.

... Doylae Hund.

CONIDENTAL

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མ་ ་

130th

September 1985