CONFIDENTIAL
Foreign and Commonwealth Office London SW1A 2AH
Telephone 01-
Min. Williamson &
PA
g68.8 3/8/81
o.r.
$.81.
M W Atkinson Esq DE PEKING
нке 38412
RECEIVED IN BANARY NC.,51
-
7 AUG 1981
Your reference
Our reference
#
Date
3 August 1981
"
Jear Pickael,
DESK OFFICER INDEX
PA
Action Taken
Fax 718
See (7)
attached to ©
PROTECTION OF HONG KONG BRITISH SUBJECTS IN CHINA
wp.
1. We have long owed you a reply to your letter of 25 February but as indicated in FCO telegram No 313 we preferred to await developments in the case of
before commenting substantively. We have now seen Owen's letter of 29 June and Orr's of 10 July. May I first deal with these.
>
attached to (7)
2. We very much share Hong Kong's doubts about the advisability of taking the principle up with the Chinese. Like Hong Kong, we are not altogether surprised at the MFA's reaction, although Cheam's birth in Cambodia and the fact that his British passport was issued in Phnom Penh could have confused the issue. Owen's second suggestion, of an inspired article in the Hong Kong press, has some attractions at first glance. But this is a matter for Hong Kong's ✓ judgement and we accept their advice that it would be better to
avoid drawing attention to the issue in this way. Cheam's is not the typical case of a Hong Kong Chinese CUKC but his case is a sobering reminder of the Chinese view of the nationality status of any ethnic Chinese who enters China on a compatriot certificate.
3. Against this background it may be helpful to set out our views on the issues and on the lessons to be drawn for future cases. The first point is that there is no doubt that throughout the world UK consular officers are required to give consular protection to citizens of the UK and colonies, a category which includes Hong Kong Chinese who are CUKCs. DSP 29.1.1 makes this quite clear. However, as David Wilson pointed out in his letter of 3 February and as has now been confirmed in this case, China has to be seen as an exception. In Chinese eyes all Hong Kong Chinese are 'compatriots' whatever travel documents they may carry and irrespective of whether or not attached they are CUKCS. There has been no change in the Chinese position on
this. (It is worth noting in passing that the new Chinese Nationality Law published in September 1980 makes no reference to the status of Hong Kong Chinese.)
/4.
CONFIDENTIAL