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GR 400
SECRET
FM FCO 091848Z FEB 81
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 121 OF 9 FEBRUARY
INFO PRORITY PEKING
FOR GOVERNOR FROM YOUDE
62
Лёс Sea (lib
$3
YOUR TELNO 122: NEW NATIONALITY LEGISLATION
HYE 12-340|1
AECEIVED B STRY NO. 51 1 1 FEB 1981
DESK OFFICER
PA
P:
مثل
منام
Flas $15
I. THANK YOU FOR THESE COMMENTS. WE HAVE NOT YET HEARD THAT THE HOME
SECRETARY WILL AGREE TO OFFICIAL-LEVEL TALKS. HOWEVER ASSUMING THAT
HE DOES WE WILL MAKE YOUR POINTS STRONGLY, EXPLAINING YOUR CONCERN
NOT ONLY ON PUBLIC SERVANTS BUT ALSO ON PEOPLE IN HONG KONG AS A
WHOLE.
2. HOWEVER, I FORESEE CONSIDERABLE DIFFICULTIES ABOUT PARA 9 OF YOUR TELEGRAM UNDER REFERENCE IN THAT WE WILL BE ASKING FOR SPECIAL CONSIDERATION FOR A MUCH WIDER GROUP THAN WAS ORIGINALLY PROPOSED
AND WIDER THAN THE SECRETARY OF STATE PROPOSED TO MR WHITELAW AFTER HIS TALK WITH THE TWO UNOFFICIALS. IT IS, I AM AFRAID, VERY UNLIKELY THAT PARLIAMENT WOULD BE PREPARED TO GRANT THE UNFETTERED DISCRETION
YOU SUGGEST. EVEN THOUGH PARLIAMENT COULD BE ASSURED THAT STRICT
CONTROL WOULD BE EXERCISED, IT WOULD BE HARD TO INCLUDE THIS
PROVISION IN LEGISLATION. THE SPECTRE OF A DEMAND FOR A SUBSTANTIAL
NUMBER FROM HONG KONG TO COME TO THE UK COULD WEAKEN SYMPATHY FOR HONG KONG. MOREOVER, THE EXCLUSION OF A REFERENCE TO A CHANGE OF STATUS'' WOULD REMOVE THE SAFEGUARD AGAINST IMMEDIATE APPLICATIONS
FOR NATURALISATION AS SOON AS THE BILL WAS ENACTED. SUCH APPLICATIONS
WOULD PROBABLY BE REFUSED: BUT THAT IN ITSELF WOULD BE BAD FOR
CONFIDENCE.
3. OUR LATEST LEGAL ADVICE IS THAT ''CROWN SERVICE'' MAY AFTER ALL COVER UNOFFICIALS. IF THIS WERE SO WOULD YOU CONFIRM THAT, IF YOUR PARA 9 IS NOT FEASIBLE, A SIMPLE AMENDMENT TO SCHEDULE 1 PARA 1(3) WOULD BE YOUR NEXT PREFERENCE?
4. IT WOULD CERTAINLY BE HELPFUL TO HAVE FURTHER VIEWS AFTER YOUR
MEETING WITH EXCO ON 17 FEBRUARY. HOWEVER I DO NOT THINK WE SHOULD MEANWHILE DELAY A FIRST ROUND WITH THE HOME OFFICE, AT WHICH WE WOULD MAKE NO COMMITMENTS. YOU CAN ASSURE EXCO THAT WE ARE FIGHTING THEIR CORNER HARD. IN TURN, HOWEVER, I KNOW THAT YOU WILL MAKE CLEAR TO
THEM THE POLITICAL CONSTRAINTS. THESE ARE NOT OF COURSE AN
ARGUMENT FOR NOT PUSHING HONG KONG'S CASE BUT RATHER AGAINST OVER-
OPTIMISM ABOUT THE FINAL RESULT.
CARRINGTON
LIMITED
HK & GD
NTD
COPIES TO:
HONG KONG GOVT OFFICE, LONDON
FED
SIR E YOUDE
MR ADAMS
MR DONALD
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