PP GOVERNOR HONG KONG
GRS 620
CONFIDENTIAL
CONFIDENTI AL
TOP COPY
29384
Hilz 340/1
RECOVADA PAVERT NO. 51 29 SEP1981
DESK OFFICER
FM FCO 281615Z SEP 81
TO PRIORITY GOVERNOR HONG KONG
TELEGRAM NUMBER 754 OF 28 SEPTEMBER
PERSONAL FOR GOVERNOR FROM DONALD
INDEX
PA
Chon Taken
£14.00
16015/10
375
NATIONALITY BILL: GIBRALTAR AMENDMENT AND HONG KONG
1. AS YOU KNOW, MINISTERS HAVE BEEN CONSIDERING WHAT LINE TO
TAKE IN THE LORDS AND COMMONS ON THE GIBRALTAR AMENDMENT WHEN
PARLIAMENT REASSEMBLES. HMG ARE FIRMLY OPPOSED TO THE AMENDMENT
WHICH CUTS ACROSS ONE OF THE PRINCIPLES OF THE BILL (SEPARATE
CATEGORIES OF CITIZENSHIP BASED ON RIGHT OF ABODE AND ENTRY).
HOWEVER, MINISTERS HAVE TO MAKE CONTINGENCY PLANS IN CASE THE
GIBRALTAR AMENDMENT IS IN THE EVENT SUSTAINED.
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340
2. FCO MINISTERS HAVE CONSIDERED VERY CAREFULLY. THE SUGGESTIONS
FROM HONG KONG, IN PARTICULAR THE PROPOSAL FOR AN ADDITIONAL
CLAUSE IN THE BILL CONFIRMING THAT PERSONS COVERED IN THE BILL
ARE BRITISH NATIONALS. THEY REALISE THAT IF THE GIBRALTAR AMENDMENT STANDS PEOPLE IN OTHER DEPENDENT TERRITORIES, IN
PARTICULAR HONG KONG, WILL SEE A NEED FOR SOME UNDERLINING OF
THEIR CONNECTION WITH BRITAIN. HOWEVER, ALTHOUGH THEY ARE
EXPLAINING YOUR PREFERENCE TO THE HOME OFFICE, MINISTERS DO NOT
BELIEVE THAT IT WOULD BE PRACTICABLE TO GET PARLIAMENTARY AGREE-
MENT TO A CLAUSE ON THESE LINES. THE REASONS HAVE ALREADY BEEN
EXPLAINED IN FCO TELNO 483 OF 21 MAY.
3. BRIEFLY, THEY ARE OF TWO KINDS:
267.
A) THE IMPRECISION OF THE CONCEPT OF BRITISH NATIONALITY IN
INTERNATIONAL LAW. THERE IS NO CONSENSUS AMONG GOVERNMENTS
ON ITS MEANING. THUS, ALTHOUGH HMG FULLY ACCEPTS THAT FOR
THE PURPOSES OF PROTECTION AND REPRESENTATION ABROAD,
PERSONS COVERED BY THE BILL ARE BRITISH NATIONALS, IT WOULD
NOT BE POSSIBLE TO TRANSLATE THIS INTO DOMESTIC LEGISLATION.
B) THE DANGER OF ENCOURAGING MISUNDERSTANDING ON THE RIGHT OF
ABODE OF THE VARIOUS CATEGORIES UNDER THE BILL, INCLUDING
-
NOT ONLY CBDTS BUT ALSO BRITISH OVERSEAS CITIZENS AND
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CONFIDENTIAL
/OTHERS.