GPS 450 RESTRICTED
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2260
RESTRICTED
HACK 040/4
2701705
OF 2109007 OCTOBER 35
I
INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON,
COPY
PEKING
HONG KONG AGREEMENT : NATIONALITY ORDER IN COUNCIL
KING
MIFT CONTAINS A REPORT IN SCMP OF 19 OCTOBER ON A STATEMENT
ON THE WHITE PAPER ISSUED BY THE COUNCIL OF HONG KONG INDIAN
ASSOCIATIONS. WE HAVE NOT YET RECEIVED A COPY OF THIS STATEMENT.
IT APPEARS FROM THE REPORT THAT A VISIT TO THE UK BY AN INDIAN
DELEGATION DURING THE DEBATES ON THE WHITE PAPER WILL ALMOST
CERTAINLY TAKE PLACE.
2. AN OFFICE- BEARER OF THE COUNCIL OF HONG KONG INDIAN ASSOCIATIONS,
MR. NARAIN, PHONED IN ON THE AFTERNOON OF FRIDAY, 18 OCTOBER, TO
SEEK CLARIFICATION ON WHETHER INDIANS WHO ARE BN(0)S OR BOCS
WOULD BE ENTITLED TO BRITISH CONSULAR PROTECTION IN THE HONG KONG
SAR AFTER 1997. HE REFERRED TO PARA. 5 OF DR. WILSON'S LETTER OF 9
FEBRUARY 1985 WHICH SAYS THAT THEY WOULD, BUT ASKED HOW THAT
SQUARED WITH PARA. (D) OF THE UK MEMORANDUM WHICH SAYS THAT 'THOSE
WHO HAVE OBTAINED OR BEEN INCLUDED IN PASSPORTS ISSUED BY THE
GOVERNMENT OF THE UNITED KINGDOM WILL BE ENTITLED TO RECEIVE, UPON REQUEST, BRITISH CONSULAR SERVICES AND PROTECTION (BEGIN UNDERLINING) WHEN IN THIRD COUNTRIES' (CEASE UNDERLINING). WE EXPLAINED TO HIM THAT BN (0) WHO ARE REGARDED AS CHINESE NATIONALS BY PRCG WOULD NOT BE ABLE TO RECEIVE CONSULAR PROTECTION IN HONG KONG AFTER 1997 BECAUSE UNDER INTERNATIONAL LAW, BRITISH NATIONALS WHO ARE ALSO NATIONALS OF ANOTHER COUNTRY COULD NOT BE PROTECTED BY BRITISH CONSULAR REPRESENTATIVES AGAINST THE AUTHORITIES OF THAT COUNTRY. BUT THIS WOULD NOT APPLY TO INDIANS WHO HAVE NOT
ACQUIRED CHINESE NATIONALITY. MR. NARAIN SAID THE COUNCIL WOULD
WEEK LEGAL ADVICE.
3. SHOULD THIS QUESTION OF CONSULAR PROTECTION FOR INDIANS IN
HONG KONG AFTER 1997 ARISE AGAIN, WE PROPOSE TO SAY THAT PARA. (D) OF THE UK MEORANDUM IS WORDED TO APPLY TO ALL BN(0)S, INCLUDING THOSE WHO ARE CHINESE NATIONALS, BUT DOES NOT EXCLUDE THE PROVISION
OF CONSULAR PROTECTIONS FOR NON-CHINESE BN (0)S OR BOCS IN THE
HONG KONG SAR. GRATEFUL FOR YOUR COMMENTS. YOUDE
HONG KONG AGREEMENT: NATIONALITY
LIMITED
HD/HKD
HD/FED
HD/NTD
RESEARCH D (NR WALKER)
DEP HD/PUSD
PS
PS/MR RENTON
PS/LADY YOUNG
PS/PUS
SIR W HARDING MR WILSON
COPIES TO:
MR ROBERTS, NEWS DEPT
LR FIFOOT, LEGAL ADVISERS
MR GRAINGER, LEGAL ADVISERS
MF
MR KILLER, MVD
MR HYDE HOME OFFICE
MR EMERY, B4 DIV, HOME OFFICE, CROYDON
MF. NICHOLSON, PASSPORT DEPT, HOME OFFIC
ROOM 236, CLIVE HOUSE.
MR WOOD LEGAL ADVISERS HONG KONG GOVT OFFICE LOND
ED
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