SECRET

FM FCO

TO

IMMEDIATE HONG KONG

TELNO 576

OF 16143OZ MARCH 90

SECRET

thep 34014

RECEIVED IN

23 MAY 1990

(199

074254

MDHOAN 5262

DESK OFFICER

TRY

PA

Action Taken

PERSONAL FOR GOVERNOR FROM MCLAREN, AUSS INDEX

(187)

YOUR TELNO 912: UK NATIONALITY PACKAGE

1. I HAVE PASSED A COPY OF TUR TO THE HOME OFFICE. WHAT FOLLOWS REFLECTS DISCUSSION WITH THEM.

2. AS YOU ARE AWARE, PARLIAMENT WILL SET THE PARAMETERS FOR THE SCHEME IN THE PRIMARY LEGISLATION. BUT THE BILL WILL BE AN ENABLING MEASURE: DETAILS OF THE SELECTION METHODS WILL BE SET OUT IN SECONDARY LEGISLATION WHICH PARLIAMENT WILL BE INVITED TO ENDORSE SUBSEQUENTLY. IT HAS ALWAYS BEEN THE HOME OFFICES' INTENTION THAT WITHIN THE FRAMEWORK LAID DOWN BY THE NEW ACT, THE INITIAL PREPARATION OF THE SCHEME SHOULD BE DONE IN HONG KONG. THAT IS BECAUSE THE SCHEME WILL BE IMPLEMENTED IN HONG KONG, AND THE CIRCUMSTANCES OF ITS DETAILED OPERATION WILL BE BEST UNDERSTOOD THERE. BUT OF COURSE, THERE ARE UK INTERESTS TOO TO BE CONSIDERED IN THE AWARD OF BRITISH CITIZENSHIP, AND THE HOME SECRETARY, WHO WILL TAKE RESPONSIBILITY FOR LAYING THE SCHEME BEFORE PARLIAMENT FOR APPROVAL, WILL BE ABLE TO AMEND OR MODIFY IT IF NECESSARY, FOLLOWING CONSULTATION WITH YOU.

3.

IN EFFECT, THIS IS WHAT HAS HAPPENED IN THE PREPARATORY STAGES: THE SUBSTANTIAL AMOUNT OF WORK DONE BY DONALD TSANG AND HIS COLLEAGUES OVER THE PAST FEW MONTHS HAS BEEN AMENDED BY MINISTERS AS THEY THOUGHT NECESSARY. MINISTERS HAVE AGREED THAT THIS IS THE RIGHT BALANCE OF RESPONSIBILITY: IT IS IN FACT FUNDAMENTAL TO THE STRUCTURE OF THE BILL.

4.

I AM SORRY IF THERE HAS BEEN ANY MISUNDERSTANDING ABOUT THIS. ANTHONY LANGDON, WHO YOU WILL SEE OVER THE NEXT FEW DAYS WHEN HE ACCOMPANIES MR LLOYD ON HIS VISIT, WILL BE HAPPY TO EXPLAIN THE POSITION IN MORE DETAIL. HE HOPES TO HAVE AN EARLY DRAFT OF THE BILL WITH HIM TO SHOW YOU HOW THE ISSUE IS LIKELY TO BE DEALT WITH

IN IT.

HURD

PAGE 1 SECRET

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