SECRET

PA

131

GNN 340/1(13) HK ник 3401

↑ Afzz 19 八

PROPOSAL BY HONG KONG TO DESCRIBE BDTCS AS 'BRITISH NATIONALS' IN THEIR PASSPORTS

PROBLEM

A.1271. To act on Mr Whitelaw's minute of 15 September about

B

Attached

126

briefing for the Prime Minister's visit to Hong Kong.

RECOMMENDATION

2. We should without consulting the Home Office advise the Prime Minister as in draft telegram.

BACKGROUND

T

3. The Secretary of State decided on 14 September that the issue in the Ilong Kong proposal was 'potentially very dangerous and could not be resolved at speed. Rather than write pressing the Hong Kong political arguments on Mr Whitelaw and questioning the latter's objections on immigration and human rights grounds, Mr Pym proposed that the Prime Minister should be advised to listen uncommittally to Hong Kong views and to promise an early response on her return minute attached. Mr Pym said he would prefer a discussion with Mr Whitelaw to writing a letter.

4.

A corrigendum to the Prime Minister's Brief on the lines proposed by Mr Pym was sent simultaneously to the Cabinet Office to meet their deadline of 15 September.

A-1275.

Mr Whitelaw's minute since received suggests a more negative line than that proposed by the Secretary of State. This is not favoured by HKGD because it would sour the atmosphere of the visit and damage confidence, particularly when FCO and HO Legal Advisers have agreed with the Hong Kong Attorney-General's argument that there could be no legal objection to the proposal.

6. In the absence of agreement between the Secretary of State and the Home Secretary possible courses are either:-

(a) Mr Pym to advise the Prime Minister unilaterally; or (b) Mr Pym to take the line Mr Whitelaw suggests and omit

the FCO counter arguments.

The attached draft proceeds as in (a) but can be adjusted to (b) by omitting the portions in square brackets.

SECRET

FVII Brown

Nationality and Treaty Dent

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