CONFIDENTime
3841
GNT 401/301/1
Mr AR Paul
FED
AKK 38412
10 K KUSTRY 120. 51 29 APR 1981
DESK OFFICER
INDEX
PA
PROTECTION OF HONG KONG CUKCS IN CHINA
REGISTRY
Action Taken
AN 301
PA.
1. Would you please refer to paragraph 6 of your minute of 16 March to Mr Morrice IKGD which first came to my notice today owing to an error made in NT Registry, for which I apologise.
2.
If the protection policy now being formulated results in an instruction being given to our Embassy in Peking that they may give consular protection to a Hong Kong CUKC even if there is reason to believe that he is potentially of dual nationality and for the Embassy to pursue any representations they may see fit to make on his behalf at least to the point where the Chinese authorities claim him as one of their own nationals, then such an instruction would be entirely compatible with the standard provisions of a consular agreement, which establish the right of each party to give consular protection to its nationals. The protection of dual nationals is not a topic usually touched upon in a consular agreement and is, of course, studiously to be avoided in the present instance. Any such agreement negotiated with the Chinese should, I suggest, provide for a consular officer to protect the rights and interests of his country and of its nationals without going to the lengths of defining the term "nationals" in precise terms.
15 April 1981
CC:
Mr Morrice HKGD
Mr Woodrow
Consular Department
R S Glover
NTD CL 535
CONFIDENTIAL