PS/Mr Maude
CONFIDENTIAL
FROM:
A R Paul
John catur fifour
fus Barrett
Pl. nese para 3.
Granful your urgent
Hong Kong Department
Viens på.
DATE:
12 March 1990 (ônio being will need
to be in evening bix
HONG KONG ASSURANCES: CONCESSIONS
cc:
Mr McLaren
14/:3)
cm 14
C^ 13/3
1.
I undertook to let Mr Maude have a note on possible concessions that we might consider making during the passage of the Hong Kong Nationality Bill, namely that of asking those granted citizenship to sign a moral undertaking to remain in Hong Kong for a certain period
of time.
2. We have consulted Legal Advisers about this idea. They are still considering the matter, but their preliminary views are as
follows:
(a) This is primarily a matter of policy, but there are also legal factors to take into account.
(b) We would have to be clear that the moral undertaking would have absolutely no force in law. Any signatory would be able to get possession of the passport, once granted, through action in the courts. The courts would be likely to take a sympathetic approach if the case were based on human rights grounds.
(c)
Notwithstanding any moral undertaking by the passport holder, the courts would take a dim view of the Government using reasons external from the reasons of the citizens entitlement as a
reason for witholding the passport.
(d) The fact that the Government was in a very vulnerable position in law would very soon become widely known and the moral undertaking would be virtually valueless (nor would it cut any ice
PUPABQ
CONFIDENTIAL