23
GRS 1000
CONFIDENTIAL.
CONFIDENTIAL
FM HONG KONG 110945Z OCT 84
TO IMMEDIATE F C 0
TELEGRAM NUMBER 3186 OF 11 OCTOBER
(2
TOP COP
HKK 040/53
RECEIVED IN REGISTRY
17 OCT 1984
DESK OFFICER
INDEX
YOUR TELSNOS 1979 AND 1980: HONG KONG AGREEMENT: LEGISLATTON
PA
1. WE HAVE NOT HITHERTO COMMENTED ON THE DRAFT PAPER IN YOUR SECOND TUR PECAUSE YOU DID NOT ASK FOR VIEWS AND WE ASSUMED THAT WE (AND PEKING) WOULD BE GIVEN AN OPPORTUNITY TO COMMENT ON A LATER DRAFT. WE HOPE THAT THIS ASSUMPTION WAS WELL FOUNDED AND THAT WE WILL BE CONSULTED BEFORE ANY PAPER IS PUT TO MINISTERS. BUT SINCE TIME IS GETTING ON YOU MAY FIND IT HELPFUL TO HAVE OUR VIEWS ON THE DRAFT AS TELEGRAPHED. WE DID NOT HAVE AN OPPORTUNITY TO DISCUSS IT WITH BURROWS BEFORE HE LEFT HONG KONG AND DO NOT KNOW WHAT VIEWS HE MAY
HAVE EXPRESSED.
REGISTRY.
Action Taken
10 GR 22
2. WE AGREE GENERALLY THAT THE ASPECTS OF THE AGREEMENT PACKAGE WHICH WILL REQUIRE LEGISLATION BY ACT OF PARLIAMENT BEFORE RATIFICATION ARE THOSE IDENTIFIED IN PARAGRAPH 4 OF YOUR SECOND TUR. BUT PARA 4(B) IS INCOMPLETE SINCE THERE WILL ALSO BE A NEED TO AMEND THE ENA IN ORDER TO COVER CHILDREN OF NON-CHINESE BDTC'S BORN AFTER 1997 IN OR OUTSIDE THE SAR WHO WOULD OTHERWISE BE STATELESS (PARA 2(P) OF YOUR TELNO 1259 TO PEKING).
3. WE HAVE THE FOLLOWING COMMENTS ON THE ARGUMENTATION IN PARA 6 AND THE DESCRIPTION OF THE PROPOSED BILL IN PARA 7 OF YOUR DRAFT PAPER:
(A) THERE IS ONE ADDITIONAL CONSIDERATION WHICH HAS TAKEN ON INCREA- SED IMPORTANCE IN THE LIGHT OF THE PUBLIC ATTENTION DEVOTED TO THE NATIONALITY ASPECTS OF THE WHITE PAPER SINCE IT WAS PUBLISHED, AND IN PARTICULAR OF THE CRITICISMS MADE OF THE NON-BINDING NATURE OF THE EXCHANGE OF MEMORANDA. THE UNHAPPY (FOR HONG KONG) EXPERIENCE OF THE BRITISH NATIONALITY ACT IS STILL FRESH IN PEOPLE'S MINDS AND THERE IS A DISTRUST OF BRTISH INTENTIONS IN THIS AREA WHICH MUST BE TAKEN SERIOUSLY. AGAINST THIS BACKGROUND WE SEE CONSIDERABLE
AND ADVANTAGE IN LEGISLATING ON NATIONALITY AT AN EARLY DATE, PREFERABLY AT THE SAME TIME AS SOVEREIGNTY IS DEALT WITH. THE BEST WAY OF ALLAYING THE SUSPICIONS AND CONCERNS OF PEOPLE HERE WOULD BE TO PROVIDE IN THE BILL FOR THE NECESSARY AMENDMENTS TO THE BNA. AN ENABLING CLAUSE ALLOWING AN ORDER-IN-COUNCIL TO BE MADE AT A LATER DATE WOULD BE LESS SATISFACTORY FROM THE HONG KONG POINT OF VIEW SINCE IT WOULD NOT DISPEL DOUBTS ABOUT THE PRECISE NATURE OF THE NEW FORM OF BRITISH NATIONALITY AND PASSPORT.
CONFIDENTIAL