TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 59

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paragraph after complying with the affirmative resolution procedure

of both Houses of Parliament.

DIFFICULTIES WHICH MAY ARI SE

Four main areas of difficulty may arise with respect to this

this part of

the Draft Bill.

AMENDMENT TO THE BNA 1981

Some members may wish to take the opportunity to propose amendments to the British Nationality Act 1981 for purposes quite unrelated to

Hong Kong. Ministers will wish to resist these on the grounds that they would be inappropriatee in a Hong Kong Bill.

INCLUSION OF NATIONALITY PROVISIONS IN THE BILL

Some members may question why nationality provisions need to be

included in the draft Bill, while others may consider the provisions

are not detailed enough.

Those who question why they are included at all may argue that these

are purely a matter for HMG, that they do not need to be enacted

before the agreement is ratified, and that it would be preferable to deal with them separately at a later date. take the line that in HMG's judgment it is

the Bill the framework of the legislation

from the agreement and the UK Memorandum.

perpetuate uncertainty and might lead to doubts as to HMG's willingness to implement the provisions of the Memorandum.

Ministers will wish to

necessary to set out in

on nationality arising

To do otherwise would

Those who consider that the provisions are not

detailed enough may

argue that HMG's intentions. are not sufficiently plain in the Bill,

and that doubts and uncertainty may therefore still remain. They

may wish to know the contents of the Order in Council SO as to

satisfy themselves that Hong Kong's interests are properly met.

particular they may:

In

(a) criticise the fact that the title of the new form of British

nationality does not appear in the Bill (if this is the case), and

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