CONFIDENTIAL
33368 - 1
BUT WE HAVE DISCUSSED THIS WITH THE CHINESE GOVERNMENT IN THE
JOINT LIAISON GROUP AND THEY HAVE CONFIRMED THAT NON-CHINESE WHO
MEET THE LEGAL REQUIREMENTS UNDER THE CHINESE NATIONALITY LAW MAY
APPLY FOR CHINESE NATIONALITY AND THAT SUCH CASES WOULD BE DEALT
WITH BY THE APPROPRIATE AUTHORITIES. WE EXPECT TO HAVE FURTHER
EXCHANGES ABOUT THIS WITH THE CHINESE GOVERNMENT IN THE FUTURE.
YOUR LETTER OF 17 FEBRUARY ALSO COMPARED THE SITUATION IN
HONG KONG WITH WHAT HAPPENED WHEN THE UNITED KINGDOM RELINQUISHED
JURISDICTION OVER OTHER DEPENDENT TERRITORIES ON THEIR
INDEPENDENCE. IN SUCH CASES, PEOPLE WHO DID NOT BECOME CITIZENS
OF THE NEWLY INDEPENDENT COUNTRY (AND THERE WERE MANY WHO DID
NOT) RETAINED THEIR BRITISH NATIONALITY. THOSE WHO DID NOT HAVE
CLOSE CONNECTIONS WITH THE UNITED KINGDOM ITSELF WILL GENERALLY
HAVE AUTOMATICALLY BECOME BRITISH OVERSEAS CITIZENS ON 1 JANUARY
1983. TO GRANT BRITISH CITIZENSHIP, RATHER THAN BRITISH OVERSEAS
CITIZENSHIP, TO THOSE HONG KONG BDTCS WHO WILL NOT AUTOMATICALLY
ACQUIRE CHINESE NATIONALITY AND WHO HAVE NO OTHER FORM OF
NATIONALITY WOULD NOT THEREFORE BE CONSISTENT WITH THIS GENERAL
PRINCIPLE. AND IT COULD UNFAIRLY LEAD TO DOUBTS ABOUT THE
POSITION OF THE MANY OTHER BRITISH OVERSEAS CITIZENS IN MANY
PARTS OF THE WORLD.
WE HAVE ALSO BEEN MINDFUL THAT WHILE PEOPLE'S PRESENT
WISH IS TO CONTINUE TO LIVE AND WORK IN HONG KONG, THEY MIGHT
WISH TO HAVE A FORM OF CITIZENSHIP WHICH GAVE THEM AN
UNQUESTIONED RIGHT OF ABODE ELSEWHERE. WE DO NOT BELIEVE IT
WOULD BE DESIRABLE NOR IS IT NECESSARY TO MAKE SUCH ARRANGEMENTS
AT THE PRESENT TIME. IT WOULD RAISE UNCERTAINTY ABOUT THE SIZE
OF THIS COUNTRY'S FUTURE COMMITMENTS AND IT WOULD WRONGLY IMPLY
DOUBT ABOUT THE COMMITMENT OF BOTH PARTIES TO THE SINO-BRITISH
JOINT DECLARATION. THIS WOULD NOT IN OUR JUDGMENT BE A SENSIBLE
BASIS ON WHICH TO CONTINUE THE POSITIVE AND CONSTRUCTIVE WORK
OVER IMPLEMENTATION OF THE JOINT DECLARATION WHICH NEEDS TO BE
CARRIED OUT UP TO 1997 AND BEYOND. BUT WE HAVE MADE IT PLAIN,
AND I WISH TO MAKE IT CLEAR AGAIN, THAT IF CIRCUMSTANCES WERE TO
CHANGE AND ANY BRITISH NATIONAL CAME UNDER PRESSURE TO LEAVE HONG
KONG IN THE FUTURE, WE WOULD EXPECT THE GOVERNMENT OF THE DAY TO
3
CONFIDENTIAL