TNAG-1562-FCO40-2126-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 61

GRS 1000

HKK_040/4

RECEIVED T

1 - APR 1965

TOP COPY

UNCLASSIFIED

FM HONG KONG

TO IMMEDIATE FCO

TELNO 960

OF 01042OZ APR FL 86

INFO IMMEDIATE PEKING

M

MIPT: NATIONAL:HTY ORDER N COUNCIL

TEXT OF LETTER #S AS FOLLOWS:

BEGINS.

DRAFT HONG KONG (BRITISH NATIONALITY) ORDER 1986.

*B AM TAKING THE LIBERTY OF WRYFT:ING TO YOU ON BEHALF OF UNOFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL OF HONG KONG BECAUSE, AS WE UNDERSTAND IT, THE DRAFT HONG KONG (BRITISH NATIONAL-UTY) ORDER IS TO BE LAND BEFORE BOTH HOUSES VERY SHORTLY AND THERE HAS AS

YET BEEN NO HINDICATION THAT THE GOVERNMENT INTENDS TO MAKE ANY AMENDMENTS TO HT TO REFLECT THE VIEWS EXPRESSED IN THE HOUSE OF LORDS DURING THE DEBATE ON 20TH JANUARY THIS YEAR.

YOU WILL, I AM SURE, RECALL THAT DURING THAT DEBATE ALL MEMBERS (OTHER THAN LORD GLENARTHUR FOR THE GOVERNMENT) WHO SPOKE EXPRESSED STRONG SUPPORT FOR THE REQUESTS MADE BY THE LEGISLATIVE COUNCIL OF HONG KONG THAT FULL BRITISH CITIZENSHIP BE GRANTED TO NON-CHINESE BRITISH DEPENDENT TERRITORIES CITIZENS IN HONG KONG

AND TO HONG KONG EX-SERVICEMEN WHO FOUGHT FOR THE DEFENCE OF KING AND COUNTRY.

ACCORDINGLY THE QUESTION ARISES AS TO HOW MEMBERS OF THE HOUSE OF LORDS WALL EXERCISE THEIR POWERS UNDER THE AFFIRMATIVE RESOLUTION PROCEDURE IF THE DRAFT ORDER #S NOT AMENDED TO REFLECT THE WHEWS EXPRESSED IN THE HOUSE OF LORDS.

AS YOU KNOW, BY VIRTUE OF PARAGRAPH 2(4) OF THE SCHEDULE TO THE HONG KONG ACT 1985 THE DRAFT HONG KONG (BRITISH NATIONALITY) ORDER 1986 IS SUBJECT TO THE EXPRESS APPROVAL OF THE HOUSE OF LORDS.

HN VIEW OF THE POSTITIVE SUPPORT GIVEN BY THE HOUSE OF LORDS TO THE REQUESTS OF THE HONG KONG LEGISLATIVE COUNCIL WE ARE DISMAYED TO HAVE LEARNED RECENTLY OF THE POSSIBILITY THAT MATTERS OF CONVENTION MAY NOW OBLIGE INDIVIDUAL MEMBERS OF THE LORDS TO APPROVE THE DRAFT ORDER IF IT IS APPROVED BY THE HOUSE OF COMMONS.

DURING THE PASSAGE THROUGH PARLIAMENT OF THE HONG KONG ACT 1985 UNOFFICIAL MEMBERS OF THE HONG KONG LEGISLATIVE COUNCIL NOTED WITH CONCERN THAT SUBSIDIARY LEGISLATION WOULD BE USED TO AMEND THE SUBSTANCE OF THE LAW, INCLUDING THE NATIONALITY LAW. THEY WERE.

HOWEVER

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