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ARGUMENTS FOR AGREEING TO THE HONG KONG REQUEST
12. On the other hand we have not ratified the 1963 Protocol Number 4 to the Council of Europe Convention on Human Rights because it guarantees the right of an individual to enter the territory of the State of which he is a national. The introduction of
'British national' into British passports need not prejudice this position which is based on the continuing need to exercise immigration control.
13. Although there are clearly considerable difficulties from a nationality point of view in meeting Hong Kong's request, the arguments for doing so, in the context of relations with Hong Kong, are very strong. As concern over the future has increased, so have fears in Hong Kong about the effectiveness of HMG's commitment to the territory. While there have been a number of issues (the Multifibre Arrangement, Overseas Student Fees) which have aroused resentment against London, the Nationality Act has produced the greatest disquiet.
14. The importance of maintaining commercial and financial confidence in Hong Kong cannot be over-emphasised. At a meeting with Lord Belstead on 7 September, the Unofficial Members of Executive and Legislative Councils again stressed that the nationality question was inextricably linked with the continuing rôle of the UK in the Colony. While Hong Kong belongers would benefit minimally in practical terms were their passports to bear the description 'British national' (they accept for example that it would not confer the right of abode in the UK), they have stong political and psychological reasons for seeking this concession. This is wholly understandable against the background of the Colony's uncertain future. The people of Hong Kong need reassurance that they will continue to enjoy full protection and consular assistance when travelling abroad. The nationality description is seen as a symbol of the UK's continuing rôle in the Colony. To deny BDTCs in Hong Kong the designation of 'British national' would inevitably be taken as a sign that we were wavering in our commitment to the Colony. The consequent damage to financial confidence, on which the Hong Kong economy is so dependent for its prosperity, could be extremely serious.
To run this risk for the sake of a minor technical concession would be ill-advised.
15.
In fact, however, if the UK ceased to be responsible for Hong Kong, HMG would no doubt consider depriving Hong Kong BDTCs of their citizenship. HMG might claim that in the new situation the UK's responsibiltiy for Hong Kong had terminated and the UK was under no liability to admit its inhabitants to British territory.
16. We are in any case in an awkward position on the legalities of the matter. The legal objections to the Hong Kong request are tenuous (paragraphs 6 and 7 above) although Lord Trefgarne firmly upheld them in the Lords on 13 October 1981. At the meeting with Home Office and FCO Legal Advisers the Hong Kong Attorney General was told that it would not be unlawful to use the term 'British national' in passports. To inform Hong Kong now that any change still must be refused for policy and administrative reasons would lay the Prime Minister open to strong attack and could sour the atmosphere of the visit, at a time when sensitivity on the key question of the
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