CONFIDENTIAL
105212
MDLIAN 6484
NATIONALITY CLAUSE
16. SHOULD ANY NEGOTIATING PARTNER INSIST THAT AN AGREEMENT SHOULD CONTAIN A PROVISION PROVIDING FOR DISCRETION IN THE SURRENDER OF ITS OWN NATIONALS, THE BRITISH SIDE PROPOSE THAT THE FOLLOWING FORMULA
SHOULD BE USED:
''THE GOVERNMENT OF X RESERVES THE RIGHT TO REFUSE THE SURRENDER OF ITS NATIONALS. THE GOVERNMENT OF HONG KONG RESERVES THE RIGHT TO
REFUSE THE SURRENDER OF NATIONALS OF THE STATE WHOSE GOVERNMENT IS RESPONSIBLE FOR ITS FOREIGN AFFAIRS
CONCLUSION
17. IF THE CHINESE SIDE IS CONTENT WITH THE SUGGESTIONS MADE IN THIS PAPER, AND WITH THE OUTLINE PROCEDURES THAT ARE ANNEXED, IT WILL BE POSSIBLE TO MOVE ON TO THE NEXT PHASE WHEREBY HONG KONG
BEGINS TO NEGOTIATE AGREEMENTS WITH THE COUNTRIES NOTED IN PARAGRAPH 11 ABOVE. FURTHER CONSULTATION WOULD THEN TAKE PLACE WHEN
INITIALLED AGREEMENTS HAD BEEN DRAWN UP. IF THE CHINESE SIDE HAS ANY QUESTIONS ABOUT THIS PAPER OR THE ANNEXES, THE BRITISH SIDE WOULD BE HAPPY TO DISCUSS THESE, EITHER IN EXPERT TALKS OR THROUGH
DIPLOMATIC CHANNELS.
WILSON
YYYY
ΜΑΙΝ
49
DISTRIBUTION
52
.HONG KONG AGREEMENT
.(RESTRICTED)
LIMITED
PUSD
HKD
HD/FED
RESEARCH (FE)
ADDITIONAL
3
PS/LORD GLENARTHUR
PS/MR EGGAR
MR GILLMORE
MR MCLAREN
MR EDWARDS LEGAL ADVISERS
MR WHOMERSLEY LEGAL ADVISERS
NANN
MR FIFOOT HKD