GRS 650
SECRET
FM HONG KONG
TO IMMEDIATE FCO
TELNO 20
OF 03100OZ JANUARY 86
INFO IMMEDIATE PEKING
1983 Ouda (411
YOUR TELNO 1783 AND MY
OF ABODEN HONG KONG
SECRET
ные особенно
040/0 **
RECEIVED IN REGISTRY
DES
INDE
- 7 JAN 1986
318
Occött
1985
REGISTRY
Taken
NO 76: HONG KONG AGREEMENT: RIGHT
WE HAVE RECONSIDERED OUR PROPOSAL IN THE LIGHT OF THE ARGUMENTS
IN YOUR TELNO 1783 AND ACCEPT THAT THE BALANCE OF ADVANTAGE LIES IN NOT TAKING THE RISKS ATTACHED TO NOT PROVIDING A FULL RIGHT OF ABODE FOR HONG KONG PEOPLE AT THIS STAGE. THE FOLLOWING PARAG- RAPHS SUMMARISE THE PROPOSALS WE ARE NOW PUTTING TO EXCO. BECAUSE THE MEMORANDUM S LENGTHY, WE SHALL SEND THE FULL TEXT OF THE MEMORANDUM BY BAG ON JANUARY 6.
2. WE ARE SEEKING EXCO'S ADVICE ON A PROPOSAL THAT THE TERM
''RIGHT OF ABODE' TO BE INTRODUCED INTO THE IMMIGRATION ORDINANCE SHOULD FROM THE START BE A COMBINATION OF THE RIGHT TO LAND, FREEDOM FROM CONDITIONS OF STAY, FREEDOM FROM REMOVAL AND FREEDOM FROM DEPORTATION.
3. THE IMMEDIATE PURPOSE OF INTRODUCING THE TERM RIGHT OF ABODE ''
INFO THE MMIGRATION ORDINANCE S TO ENBALE NEW FORMS OF PERMANENT
DENTITY CARD TO BE ISSUED AS FROM 1 JULY 1987 IN SUPPORT OF ENSORSEMENTS TO BE ENTERED IN BN (0) PASSPORTS. TO MEET THIS IMMEDIATE PURPOSE, THEORETICALLY IT IS ONLY NECESSARY TO CONFER THIS RIGHT
OF ABODE ON HONG KONG BELONGERS' SO THAT THEY CAN BE ISSUED
WITH PERMANENT IDENTITY CARDS AND BN (0) PASSPORTS CARRYING THE RIGHT OF ABODE ENDORSEMENT. BUT IN PRACTICE, WE ACCEPT THAT THERE ARE COMPELLING GROUNDS AGAINST DEPRIVING CHINESE RESIDENTS'' OF PERMANENT IDENTITY CARDS STATING THE HOLDER'S RIGHT OF ABODE IN
HONG KONG. WE HAVE ALL AGREED 44N PREVIOUS EXCHANGES THAT DIFFERENTIAL TREATMENT OF HONG KONG BELONGERS' AND CHINESE RESIDENTS' IN MATTERS CONCERNING IDENTITY CARDS IS LIEKLY TO BE UNACCEPTABLE TO THE CHINESE AND WILL BE DIFFICULT TO EXPLAIN PUBLICLY.
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4. ACCORDINGLY WE PROPOSE TO CONFER THE RIGHT OF ABODE INCLUDING NON-DEPORTABILITY ON HONG KONG BELONGERS'', CHINESE RESIDENTS'', ''RESIDENT BRITISH CITIZENS'' AND 'RESIDENT UNITED KINGDOM BELONGERS' ONCE THE TERM IS INTRODUCED INTO THE IMMIGRATION ORDINANCE. THE LAST TWO CATEGORIES OF PERSONS HAVE, LIKE THEIR ''CHINESE RESIDENT' COUNTERPARTS, ''RIGHT TO LAND'' IN HONG KONG AND BECAUSE OF THEIR PRESENT POSITION, IT IS ONLY REASONABLE TO GIVE THEM THE RIGHT OF ABODE NOW. THEY WILL ALL BE ISSUED WITH PERMANENT IDENTITY CARDS STATING THE HOLDERS' RIGHT OF ABODE IN HONG KONG.
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