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340/1
RECEIVES
SECRET
25 MAR 1981
d
FM HONG KONG 201000Z MAR 81
TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE
TELEGRAM NUMBER 311 OF 20 MARCH, 1981
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON. YOUR TELNO 264: NEW NATIONALITY LAW:
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*.6.486013/2
See (165)
+166
1. WE ARE GRATEFUL FOR THE PROGRESS MADE AND FOR THE OPPORTUNITY
TO COMMENT. WE HOPE THAT IT MAY BE POSSIBLE TO SEE THE FULL TEXT BEFORE FINALISED, BUT BASED ON OUR UNDERSTANDING OF THE PROPOSALS OUR COMMENTS ARE SET OUT IN THE FOLLOWING PARAGRAPHS.
2. YOUR PARA 1(B): WE ASSUME THAT THE REQUIRMENTS ARE DRAFTED
IN EXACTLY THE SAME WORDS AS THOSE IN PRESENT SCHEDULE 1 PARA 1(2).
CAN YOU CONFIRM?
3. YOUR PARA 1(C): WE AGREE THAT PARAGRAPH 2(B) CAN BE OMITTED PROVIDED PARA. 9(1) OF PRESENT SCHEDULE WILL NOT APPLY TO THE NEW
CLAUSE. WE AGREE THAT PARA. 2(E) IS IRRELEVANT.
4. YOUR PARA 1(D):
(A) ON OUR READING OF THE PROPOSAL A CBDT SERVING UNDER THE GOVERNMENT OF A DEPENDENT TERRITORY ETC., APPEARS TO BE IN A LESS
GENEROUS POSITION THAN AN ALIEN SERVING IN AN EMBASSY, FOR EXAMPLE, WHO IS COVERED BY PARA. 1(3) OF PRESENT SCHEDULE 1. HOWEVER, PROVIDED THE POINTS MADE IN PARA. 4(B) AND (C) BELOW ARE AGREED, DRAFT SUB-SECTIONS (4) AND (5) MEET OUR REQUIREMENTS FOR CROWN
SERVICE.
(B) WE AGREE THAT PEOPLE WHO HAD RETIRED MUST NOT BE EXCLUDED FROM
THE PROVISIONS OF DRAFT SUB-SECTIONS (4) AND (5) AND THEREFORE SUPPORT YOUR PROPOSAL THAT DRAFT SUB-SECTION (4) SHOULD BE AMENDED
TO COVER SUCH PERSONS.
(C) WE ARE NOT CLEAR WHY THE PHRASE ''OUTSIDE THE UNITED KINGDOM'' IS IN SQUARE BRACKETS. THERE ARE PERSONS, FOR INSTANCE, SERVING UNDER THE GOVERNMENT OF A DEPENDENT TERRITORY BUT WHO ARE IN THE U.K.,E.G. HONG KONG CROWN SERVANTS IN OUR LONDON OFFICE AND THESE MUST BE INCLUDED. ACCORDINGLY WE SUGGEST THE INSERTION OF THE WORDS ''INSIDE AND OUTSIDE THE UNITED KINGDOM'' AFTER THE WORD ''SERVING'' AND THE DELETION OF THE SQUARE BRACKETS.
67
1168)
MACLEHOSE
LIMITED
HK & GD
NTD
PS/MR BLAKER PS/MR LUCE
PS/MR RIDLEY PS/PUS
SIR E YOUDE
COPIES TO:
HONG KONG GOVT OFFICE
MR DONALD
MR ADAMS
SECRET