CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG-
TELNO 2485
OF 13093OZ DECEMBER 89
CONFIDENTIAL
HKBORTI
RECEIVED IN REGISTRY
4 JAN 1900
DESK OFFICER
REGISTRY
FA
Action Taken
INDEX
INFO PRIORITY PEKING, UKRER JLG HONG KONG
356
A
(357)
116603
MDHOAN 9646
fw 34-0/18
"py
Q LIST ?
YOUR TELNO 4079: BASIC LAW: NATIONALITY REQUIREMENT FOR LEGCO
MEMBERS
1.
WE THINK THAT THE SECOND ARGUMENTS IN YOUR PARA 4 (THAT A NATIONALITY REQUIREMENT COULD HAVE BEEN IMPOSED IN JD 46, AS
IT HAS BEEN IN OTHER PROVISIONS OF THE JD, BUT WAS NOT.) IS QUITE A STRONG ONE. BUT WE RECOGNISE THAT IT IS ONE OF THE GREY AREAS OF THE JD WHERE WE CANNOT CHALLANGE THE CHINESE INTERPRETATION ON EXPLICIT CONSITISTENCY GROUNDS.
2. WE THEREFORE AGREE THAT IN REPLYING TO EXCO AND IN PRIVATE BLCC CONTACTS, YOU SHOULD CONTINUE TO ARGUE AGAINST A CHINESE NATIONALITY REQUIREMENT FOR LEGCO MEMBERS ON THE GROUNDS THAT IT IS UNNECESSARILY RESTRICTIVE.
3.
THE PROPOSAL FOR A NATIONALITY REQUIREMENT SEEMS TO HAVE ARISEN IN THE CONTEXT OF CHINESE CONCERN THAT WE ARE TRYING TO PERPETUATE BRITISH INFLUENCE IN HONG KONG AFTER 1997. WE SHALL NEED TO CONSIDER CAREFULLY HOW WE MIGHT RESPOND TO THIS PROPOSAL
IN PUBLIC OR WITH THE CHINESE THEMSELVES. THERE IS A RISK OF FUELLING THEIR SUSPICIONS AND STRENGTHENING THEIR RESOLVE TO INTRODUCE
SUCH PROVISIONS. AFTER THIS WEEK'S BLDC GROUP
MEETINGS IN CANTON IT MAY BE CLEARER WHAT THE
CHINESE HAVE IN MIND AND HOW, IF AT ALL, THEY INTEND TO ADJUST THE DRAFT BASIC LAW.
HURD
YYYY
ΜΑΙΝ
59
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
DISTRIBUTION
62
PAGE
NEWS D
PS/MR MAUDE
PS/LORD BRABAZON MR GILLMORE
1
CONFIDENTIAL