TNAG-1562-FCO40-2126-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 36

3

(c)

Lords

been

There is precedent for the House of disapproving an Order which had already approved by the House of Commons. On 18th June 1968 the Southern Rhodesia (U.N. Sanctions) Order 1968 was disapproved by a majority. During the Lords debate on the Order Viscount Dilhorne put the principle in this way -

precedent

a

form

we

are

now

"But Orders such as the one considering are

of subordinate legislation, usually used to fill in the details of а measure contained in a Bill approved by Parliament

I have a great regard for However that may be, I do not think that the fact that we have not rejected an Order before is а valid argument for not rejecting this Order now. For, after all, it is the Government's decision to introduce the contents of this Order in an order and not in a bill. Had they introduced the contents in a Bill no one who knows anything about our Constitution could say that we should have been acting improperly in passing Amendments

Amendments to it, or indeed in rejecting the Bill at some stage it might have been on Second Reading or at the end

(Parliamentary Debates (Official Report, 5th series, House of Lords Vol 293 p.375)).

11

I think you already know the extent to which Unofficial Members of the Legislative Council appreciate your continued interest in the draft Order. They are confident that the requests of the Legislative Council in connection with the draft Order will continue to be supported in the House of Lords; and it is their hope that, if necessary,

if necessary, the Lords will be prepared to vote on the draft Order in such a way as to require the Government further to reconsider the requests.

With very best wishes.

Yours sincerely,

JJ Swaine)

Convener, Ad Hoc Group of Unofficial Members of the Legislative Council to study the draft Hong Kong (British Nationality) Order 1986