GPS 1300

CONFIDENTIAL

1 HONG KONG

TO DESKBY 1014OOZ

FCO

TELNO 110

OF 101140OZ JANUARY 86

INFO PRIORITY PEKING

CONFIDENTIAL

TOP COPY

71

HAM ocol fro на

RECEIVED IN REGISTRY

13 JAN 1986

DESK OFFICER

REGISTRY

PA

Action Takert

33

OUR TELSNOS 85 AND 86: NATIONALITY ORDER IN COUNCTE

PARLIAMENTARY DEBATE

INDEX

1. WE HAVE BEEN GIVING SOME FURTHER THOUGHT TO POSSIBLE WAYS OF DEALING WITH THE THREE PARTICULAR PROPOSALS THE UNOFFICIAL MEMBERS

OF THE LEGISLATIVE COUNCIL MADE IN THEIR LETTER TO MPS.

2. IN GENERAL WE BELIEVE IT VERY IMPORTANT THAT HMG SHOULD APPEAR TO BE AS UNDERSTANDING AS POSSIBLE OF THE OBJECTIVES OF THE UNOFFICIALS: TO SHOW A WILLINGNESS TO EXAMINE THE PROPOSALS THEY HAVE MADE CONSTRUCTIVELY: AND TO MEET THEM TO THE EXTEND POSSIBLE.

3. THIS MEANS, AS REGARDS THE FREEDOM TO VISIT THE UK, SHOWING WILLINGNESS BOTH TO ACCEPT THE IDEA OF AN ENDORSEMENT IN THE PASSPORT: AND MAKING THE RIGHT OF BONAFIDE VISITORS FROM HONG KONG TO ENTER ON VISITS AS UNQUALIFIED AND UNTRAMMELLED AS POSSIBLE. ON THIS WE AWAIT THE OUTCOME OF MR PENTON'S DISCUSSIONS WITH

MR WADDINGTON.

4. ON THE OTHER TWO ISSUES (EX SERVICEMEN AND MINORITIES) WE WOULD RECOMMEND STRONGLY AGAINST TRYING TO ARGUE THAT THAT THE ARRANGEMENTS PROPOSED IN THE DRAFT ORDER IN COUNCIL WOULD BE AS EFFECTIVE AS FULL BRITISH CITIZENSHIP. SUCH AN ARGUMENT WOULD CARRY NO CREDIBILITY HERE AT ALL AND IS IN ANY CASE NOT TRUE. WITH BRITISH CITIZENSHIP GOES A NATIONALITY AND A RIGHT OF ABODE GRANTED BY THE SAME STATE, IN ADDITION TO A REASONABLE PROSPECT OF RESIDENCE IN HONG KONG. UNLIKE BNO OR BOC STATUS SUCH CITIZENSHIP CAN BE TRANSMITTED FROM ONE GENERATION TO ANOTHER BY THE SIMPLE EXPEDIENT OF MAKING SURE THAT CHILDREN ARE BORN IN BRITAIN. BRITISH CITIZENSHIP WOULD ALSO PROVIDE A MEANS OF LEAVING HONG KONG IF

CIRCUMSTANCES CHANGED.

5. THE QUESTION IS THEREFORE THE EXTENT TO WHICH, GIVEN THIS VERY STRONG PLEA FOR RECONSIDERATION MINISTERS AND PARLIAMENT WOULD BE PREPARED TO LOOK AT SOME OF THESE MATTERS AGAIN. IT MUST BE THE ESSENCE OF ANY CONSULTATION PROCESS THAT STRONG REPRESENTATIONS MADE DURING THE COURSE OF IT SHOULD BE EXAMINED ON THEIR MERITS.

5. ON THE OTHER HAND WE APPRECIATE THE DIFFICULTIES IN PROVIDING BLANKET SOLUTIONS WITHOUT MORE INFORMATION ON THE CIRCUMSTANCES OF THE VARIOUS GROUPS INVOLVED. IT MAY WELL BE THAT WITHIN BOTH THESE GROUPS THERE ARE SUB-GROUPS WHICH ARE MORE DESERVING OF SYMPATHETIC

CONSIDERATION THAN OTHERS.

CONFIDENTIAL

17.

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