29
M
GPS 360
CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG 280510Z JAN 81
TO FLASH HONG KONG GOVT OFFICE LONDON
TELEGRAM NUMBER 145 OF 26 JANUARY
TOP COPY
[PASSED BY COD]
INFO FLASH FCO (PERSONAL FOR DONALD) HICK 340/1
FROM GOVERNOR FOR FORD.
NATIONALITY BILL.
RECEIVED IN REGISTRY NO. 51 03 FEB1981
see
1. ITEMS MENTIONED IN TELEGRAMS SUCH ASNOMENCEATURES ESTATELESSNESS
Action Taken OF SOME PERSONS BORN IN HONG KONG, PRESERVATION AND IMPROVEMENT OF EASE OF VISITS TO UK AND THIRD COUNTRIES, ARE ALL CERTAINL IMPORTANT, AS IS NEED TO COUNTER SENSE OF FORMAL INCREASE IN DEGREE OF UK DISINTEREST. ALL THESE POINTS ARE WORTH MAKING.
2. HOWEVER CRUX OF THE MATTER IS DEFINITION OF CROWN SERVICE AS
JUSTIFICATION FOR NATURALISATION AS BRITISH CITIZEN. THE COMBINATION OF SECTION 4(1) OF THE BILL AND PARA 1(3) OF ITS FIRST SCHEDULE
AND THE DEFINITION OF CROWN SERVICE IN SECTION 46(1) OF THE BILL
IS MUCH MORE RESTRICTIVE THAN PARA 70 OF THE WHITE PAPER. PERSONALLY I THINK THAT IN THE CIRCUMSTANCES OF HK HMG HAVE A MORAL OBLIGATION TO LOOK AFTER UNOFFICIALS AND OFFICIALS WHO HAVE GIVEN REAL SERVICE TO THE CROWN IF EVENTUALITIES SO REQUIRE. WHILE
THE IDEAL WOULD BE TO WORD THE BILL SO AS TO CONFER ON THEM A RIGHT
OF NATURALISATION AS BRITISH CITIZENS (SUBJECT OF COURSE TO THE
DEGREE OF SERVICE RENDERED), IT WOULD BE DISASTROUS (AND I MEAN THIS LITERALLY) IF THE BILL WAS WORDED SO AS TO EXCLUDE THEM (AS IT NOW DOES).
3. IT IS THEREFORE VITAL THAT AT LEAST THE BILL AS FINALLY PASSED
ENABLES US TO ASSURE THESE PEOPLE THAT THEY ARE NOT EXCLUDED. AT
THE MOMENT THE LOCAL ADMINISTRATION SERVICE ASSOCIATION IS
BITTER AND BEWILDERED.
4. IN CONSIDERING TACTICS, THE IDEAL WOULD BE FOR THE POSITION OF DEFINITION TO BE RAISED IN THE DEBATE TODAY, AND IN WINDING UP IT COULD BE STATED THAT SCHEDULE 1 PARA 1(3) WOULD BE AMENDED
TO MAKE CLEAR THAT IT DID NOT EXCLUDE SUCH PEOPLE. HOWEVER TO
RAISE THE ISSUE AND HAVE IT PUBLICLY REJECTED WOULD BE REALLY BAD.
IF THERE IS ANY DANGER OF THIS IT MIGHT BE PREFERABLE TO THROW DOWN
A MARKER IN THE DEBATE THAT THE IMPLICATION OF SCHEDULE 1 WOULD
HAVE TO BE LOOKED AT VERY CAREFULLY IN COMMITTEE AND THAT THE CLAIMS
OF THOSE WHO HAD FAITHFULLY SERVED THE CROWN WOULD NOT BE OVERLOOKED
5. I DO NOT THINK THE PRESENT WORDING WOULD HAVE BEEN ALLOWED
TO STAND IF THE FCO AND HOME OFFICE HAD REALISED HOW SERIOUS THE
IMPLICATIONS COULD BE FOR THE GOVERNMENT OF HK AND PERHAPS THEY NOW
EED TIME FOR CONSIDERATION.
6. PLEASE SHOW THIS TELEGRAPH TO SIR PAUL BRYAN BEFORE DEBATE AND CONCERT WITH CLIFT.
MACLEHOSE
LIMITED
HD/HK & GD HD/NTD PS PS/LPS
PS/MR BLAKER SIR E YOUDE
MR ADAMS
MR DONALD
CONFIDENTIAL