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J W Owen Esq PEKING
DESK OFFICER INDEX
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GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
384/2
TRO. 51
1 7 JUL 1981
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Action Taken
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AND CONSULAR PROTECTION IN CHINA
Please refer to your letter of 29 June to
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Alan Paul. We are not surprised at the MFA's reaction HK 384/2
and we doubt whether it would be wise to encourage the Chinese to put more firmly on the record their view of the nationality of Hong Kong British passport holders travelling to China who also use the Hong Kong/Macau Home - Return permits.
2.
In general, there is little doubt that Hong Kong residents are aware of the fact that there is little that HMG may be able to do to protect them if they get into trouble in China. However
However, for us to inspire any press articles on the subject (your para 6) would be likely to make this an issue - which it is not at present. This could have considerably damaging effects on confidence (as mentioned in para 4 of
4
1982
Michael Atkinson's letter of 25 February to Robin McLaren) attached
3.
There will be times, as in this case,
when you are asked to intervene on behalf of a Hong Kong resident. We should certainly not rule out in principle the value of making representations. However, each
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case will have to be treated on its merits and care taken her faul is
not to force the Chinese to go public on their own attitude since this would almost certainly be unhelpful.
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Alan Paul Esq
Far Eastern Department
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1.
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Please refer to FCD tel 313.
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British Embassy FEKING
29 June 1981
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2. On 22 June I called on Mrs Chen Hul, Section Head, Consular Department MFA, to discuss
I went over the details of the case as known to us and referred to Miss Cham's concern about her uncle's welfare. I then asked for information on:
(1) the crime he is alleged to have committed, and
(ii)
3.
the reasoning behind the Chinese claim that he is Chinese national.
Mrs. Chen. said that
entered China on a Hong Kong/Macao compatriot oertificate issued in Guangdong Province. These certificates are only issued to Chinese citizens. Many Chinese citizens were born in other South East Asian countries but under Chinese law they had a claim to Chinese nationality. By
acceptance of the ownpatriot certificate he also, accepted the fact that when he entered Chine using that certificate he would be regarded as a citizen of the PRO and subject to Chinese law. Mrs Chen added that as Chean is a Chinese national the question of his alleged crime is an internal
There is therefore no reason matter and is our businesg" for the Embassy to be informed of what crime, he has committed.
4.
I attempted to get rs Chen to expand on the nationality point but she would not go any further than to say that, 20 the compatriot certificates are only issued to Chinese: then all holders of such certificates are considered to be chinuke when they visit China.
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I asked Mrs Chen whether it would be possible to give Miss Christine Chan some information concerning the health of her uncle. She replied that they had been informed by the Guangdong authorities that he was in good health. In addition to that Miss Cham had already been to visit him. At this point Mrs Chen said that Miss Cham was also aware of the crimes that he has committed.
Although
attached
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6.
Although we agree with David Wilson's view (last sentence of para 8 of his letter of 3 February to Robin McLaren) that to take this particular case any further would risk an unproductive confrontation we consider that we should. at a higher level, Beek some clarification of the Chinese attitude to the Hong Kong/Macao compatriot certificates as expressed by Mrs Chen. It raises the question of whether the thousands of Hong Kong British passport holders who enter China each year using these certificates are aware that by doing so they accept the fact that in China! they are regarded as Chinese nationals and that we can offer them no protection. If they are not aware of this fact there might be a case for inspiring an unattributable article in the Hong Kong press. Before taking this up with the MFA we should be grateful for your comments and thos of Hong Kong.
7. You may now wish to write to Miss Cham to follow up the interim reply sent to her by Robin Molaren on 21 January.
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J W Owen
(WP)