0707552
LNMDAN 5922
RESTRICTED
HMLNAN 2289
D 070930Z FCOLN
M HKJLG TO FCOLN
070400Z AUG
GRS 302
RESTRICTED
MANAGEMENT IN CONFIDENCE
FM UKREP JLG HONG KONG
TO DESKBY 070930Z FCO
TELNO 343
OF 070400Z AUGUST 92
Педу
банку?
el TOP COPY * Q DIST?
INFO DESKBY 070930Z HONG KONG, BTC HONG KONG, PEKING
120
YOUR TELNO 57: NEW CONSULATE GENERAL: PRESS RELEASE
(114)
1. I IMAGINE THAT THE POSITION IN INTERNATIONAL LAW IS THAT POSSESSION OF CHINESE NATIONALITY IS DEPENDENT ON CHINESE NATIONALITY LAW, AND THEREFORE BY DEFINITION UNILATERAL IN NATURE. SO PRESUMABLY IS BRITISH NATIONALITY, MUTATIS MUTANDIS. THE PROBLEM WITH CHINESE NATIONALITY LAW IS THAT IT IS VAGUE: BUT WE HOPE THAT IT WILL BE CLARIFIED BEFORE 1997. IN ANY EVENT IT IS OBVIOUSLY LIKELY THAT THE CHINESE WILL REGARD BENEFICIARIES OF THE 1990 ACT AT LEAST AS CHINESE CITIZENS. OUR UNDERSTANDING IS THAT IF, AS A MATTER OF LAW, THESE PEOPLE WERE CHINESE CITIZENS, IN OUR EYES THEY WOULD BE DUAL NATIONALS AND HENCE NOT ELIGIBLE FOR CONSULAR PROTECTION IN THE SAR.
NO DOUBT, COME THE TIME, THE CONSULATE GENERAL WILL IN PRACTICE MAKE REPRESENTATIONS ON SUCH BRITISH CITIZENS WHEN THERE SEEMS TO BE A NEED TO DO SO, AND UNLESS THE SAR AUTHORITIES HAVE CHANGED VERY RADICALLY, WILL PROBABLY SUCCEED IN DOING SO.
2.
3. HOWEVER WE STRONGLY RECOMMEND THAT WE DO NOT START THIS HARE RUNNING NOW. THE PRESS HERE IS USED TO THE IDEA THAT CONSULAR PROTECTION WILL NOT BE AVAILABLE TO THOSE REGARDED AS CHINESE NATIONALS, AND ANY DEVIATION FROM THIS IS LIKELY TO MAKE QUITE A SPLASH, PARTICULARLY IN THE SILLY SEASON. THERE WILL BE AN INEVITABLE RIPOSTE FROM THE CHINESE, FOR WHOM THIS AREA IS HIGHLY SENSITIVE, AND WE SHALL BE INTO YET ANOTHER ARGUMENT (AND ONE IN WHICH THEY WILL BE ABLE TO SHOW SOME JUSTIFICATION). SURELY THERE ARE ENOUGH ROWS GOING ON NOW WITHOUT RISKING ANOTHER RATHER UNNECESSARY ONE.
FOR THIS REASON WE STRONGLY RECOMMEND THAT YOU DROP THE LAST SENTENCE IN YOUR PARA 4.
4.
5.
HKG AGREE.
GALSWORTHY
YYYY
2
HKD 406/1
T
ADVANCE
HKD//HD
1
LEGAL ADVISERS//HD
1
MAIN
125
.HK: FUTURE CONSULATE GENERAL
HKD
1
9
LEGAL ADVISERS
8
PUSD
24
INFO D
10