14
CONFIDENTIAL
HKC012/3
(17)
112613
MDHIAN 2430
CONFIDENTIAL
FM HONG KONG
TO DESKBY 12113OZ FCO
TELNO 2833
OF 121036Z SEPTEMBER 91
MIPT: BASIC LAW: NATIONALITY QUALIFICATIONS: LETTER FROM
16
1. THANK YOU FOR YOUR LETTER OF 5 SEPTEMBER AND FOR YOUR KIND
WORDS.
ра
2. LAWYERS ALWAYS HAVE DIFFERENT VIEWS ON ANY GIVEN SUBJECT. OUR INTERNATIONAL LAW EXPERTS ARE CONFIDENT THAT THE NATIONALITY AND RIGHT OF ABODE PROVISIONS INCLUDED IN THE BASIC LAW ARE NOT A BREACH OF THE JOINT DECLARATION. THERE IS NO SPECIFIC PROVISION IN THE JD REGULATING THE NATIONALITY OR RIGHT OF ABODE OF SENIOR
OFFICIALS OR MEMBERS OF THE JUDICIARY. WE WOULD OF COURSE HAVE PREFERRED THAT THEY HAD NOT BEEN INCLUDED IN THE BASIC LAW. UNFORTUNATELY, THE EVENTS OF MAY/JUNE 1989 AND THE BRITISH GOVERNMENT'S RESPONSE TO THESE, INCLUDING THE ANNOUNCEMENT OF THE BRITISH NATIONALITY SCHEME, MADE THE CHINESE PARTICULARLY SENSITIVE ON THIS POINT AT THE TIME WHEN THEY PRODUCED THE FINAL VERSION OF THE BASIC LAW.
3. THE IMPORTANT THING IS THAT WE SHOULD NOW MAKE EVERY EFFORT TO WORK FOR A SENSIBLE RELATIONSHIP WITH THE CHINESE. IT WILL BE EASIER TO MAKE PROGRESS IF THE GENERAL ATMOSPHERE IS ONE OF CO- OPERATION RATHER THAN CONFRONTATION, BUT AS YOU KNOW, MY GUIDING PRINCIPLE WILL REMAIN THE INTERESTS OF HONG KONG. I SHALL NOT F INCH FROM TOUGH DECISIONS IF I BELIEVE THAT THIS IS NECESSARY.
WILSON
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CONFIDENTIAL
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Redacted under FOI exemptions 27(1), 40(2) and 41.
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