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Miss Brooks, Legal Advisers
cc Mr Clift, HK&GD
Mr Addison, Home Office
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Reference..
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AKK 340ll
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RECITAAL IN REGISTRY NO. 51 2 4 APR 1981
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REGISTRY
Action Take
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HONG KONG AND THE NATIONALITY BILL
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1. You will no doubt recall the telegrams on nomenclature and in particular British national' which were exchanged with the Secretary of State during his visit to Hong Kong. Copies are attached for ease of reference.
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2. In a subsequent telegram No. 390 of 7 April the Governor reverted to some of these questions and asked for a clear statement on the 'sound legal and practical reasons for not importing this international law term into municipal law'. We wish to send an answer to this point this week.
3.
I attach a reply in the form of draft telegrams, one of which the Governor may wish to withhold from the unofficials. I should be grateful for your comments particularly on the second telegram giving the reasons.
4.
1 a.
in the telegram is very speculative and I advance this form of words with hesitation. But, suitably worded, I think this is a point to make.
5. If you have any other reasons which could be included I should welcome them and a suitable form of words for them.
6. Paragraph 3, in attributing 'British' to the different statuses created by the Bill goes further than we have previously done. For this reason I am also sending a copy of this draft to Mr Addison in the Home Office for his comments. In drafting this paragraph I have in mind the fact that in a recent meeting of the Standing Committee Mr Raison said (not verbatim) that in the Bill we had in effect created three forms of British citizenship. But even without that it has been the view of NTD that the Bill undoubtedly creates different forms of British nationality. instead of 'British citizenship' we used the title 'UK citizenship' I would have had no hesitation in agreeing that the Bill created three forms of British citizenship; it is the reservation of the title 'British citizenship' for the UK that creates the problem in using the term 'British' to describe other citizenships without qualification.
22 April 1981
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