Jiali Mr Mytris
CONFIDENTIAL
HKC 340/1 RECEIVED IN/REGISTRY
DESK OFFICER
INDEX
1990
REGISTRY
PA
Action Taken
From:
KC Walker
pc /al
Date:
CC:
9 January 1990
Mr McLaren, AUSS
Mr Millington, FED
Ms Major, HKD
Mr McCrory, PUSD
Mr Figgis, RD
4
Mr
BKD 1341
HONG KONG: CHINESE ATTITUDE ON THE NATIONALITY PACKAGE AND OTHER CURRENT ISSUES
Since
1. I have been pondering over the possible reasons, as the Chinese see them, for the claim in the Chinese Foreign Ministry spokesman's statement of 30 December that the British nationality package represents a "gross violation" of a "solemn commitment" given by the British Government. the wording of the British Memorandum on nationality associated with the Joint Declaration provides no justification for the claim made by the Chinese, it seems likely that the claim is based merely on their own interpretation of the spirit of the British Memorandum and the explanatory comments made upon it in the White Paper published in September 1984. In particular, the Chinese may have in mind paragraphs 62-65 of the Explanatory Notes in the White Paper which discuss the status after 30 June 1997 of persons "who are now British Dependent Territories Citizens", saying that the "new status" to be introduced in place of British Dependent Territories Citizenship will not give BDTCs "the right of abode in the United Kingdon, which they do not possess at present
2. It is conceivable that the Chinese claim may also reflect inferences which they may have drawn from statements made to them on the nationality question by British Ministers or officials during the negotiations. But from my own recollection, I think it unlikely that we would find in the records of the negotiations a statement which would fit the Chinese description of a "commitment" given by the British Government. To be sure of this, it would of course be necessary to make a careful check of the records.
3. Whatever the justification which the Chinese may see for the words used by the Foreign Ministry spokesman, the strength of the language used and the complete disregard of the clearly stated intention of the nationality package to give ~ people
CONFIDENTIAL