XN000022-1984-12-06 — Page 11

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THURSDAY, DECEMBER 6, 1984

SUBSEQUENTLY, THE ASSESSMENT EXERCISE HAS ENABLED PEOPLE IN HONG KONG TO SAY WHAT THEIR CONCERNS ARE ABOUT THE COMPLETED DRAFT AGREEMENT. THE REPORT GIVES A CLEAR ACCOUNT OF THESE CONCERNS. THIS WILL BE OF ENORMOUS VALUE TO US DURING THE PROCESS OF IMPLEMENTING THE AGREEMENT IN THE YEARS AHEAD AND DURING THE DISCUSSIONS WE SHALL HAVE IN THE FUTURE WITH THE CHINESE GOVERNMENT THROUGH THE JOINT LIAISON GROUP. THAT HAS BEEN AN ADDED ADVANTAGE OF THE WHOLE EXERCISE.

I'D LIKE JUST NOW TO DEAL WITH ONE OR TWO OTHER MATTERS WHICH HAVE ATTRACTED ATTENTION. FIRST, NATIONALITY. IT IS WIDELY RECOGNISED THAT THIS IS THE ASPECT OF THE AGREEMENT WHICH MANY PEOPLE HAVE FOUND LEAST SATISFACTORY. THIS WAS ONE OF THE MOST DIFFICUL SUBJECTS IN THE NEGOTIATIONS. BECAUSE IT IS ALSO A MATTER WHICH AFFECTS PEOPLE IN THEIR PERSONAL LIVES, IT GIVES RISE TO VERY STRONG EMOTIONS. IT WAS NOT EASY TO RECONCILE THE CONFLICTING INTERESTS INVOLVED.

NEVERTHELESS I DO BELIEVE THAT WHAT HAS BEEN ACHIEVED IS A REASONABLE ANSWER TO THE PROBLEMS. THE CHINESE GOVERNMENT WERE NOT PREPARED TO AGREE THAT ANYONE BORN IN HONG KONG AFTER 1997 SHOULD ACQUIRE BRITISH NATIONALITY BY VIRTUE OF THEIR CONNECTION WITH HONG KONG.

WHAT WE HAVE ACHIEVED IS AGREEMENT WITH THE CHINESE GOVERNMENT ON MEASURES WHICH WILL MEAN THAT THOSE WHO ARE BRITISH DEPENDENT TERRITORIES CITIZENS BEFORE 1 JULY 1997 CAN RETAIN DURING THEIR LIFETIME AN APPROPRIATE STATUS, WHICH BY DEFINITION WILL BE A FORM OF BRITISH NATIONALITY. AS WITH THEIR PRESENT STATUS, THIS WILL NOT ENTITLE THEM TO SETTLE IN THE UNITED KINGDOM. BUT IT WILL ENABLE THEM TO USE A BRITISH PASSPORT AND SO TO AVAIL THEMSELVES EXCEPT, OF COURSE, HONG KONG AND CHINA OF BRITISH CONSULAR PROTECTION.

J

THESE ARRANGEMENTS HAVE BEEN SET OUT IN A DRAFT EXCHANGE OF MEMORANDA WHICH ARE NOT PART OF THE AGREEMENT. HOWEVER THE TERMS OF THESE MEMORANDA AND THEIR PUBLICATION HAVE BEEN AGREED BETWEEN THE TWO SIDES: AND NATURALLY EACH SIDE WILL ACT IN ACCORDANCE WITH ITS OWN MEMORANDUM WITHOUT ANY OBJECTION BEING RAISED BY THE OTHER.

WE WERE NOT ABLE TO PROVIDE THAT THOSE PERSONS WHO HAD BEEN BRITISH DEPENDENT TERRITORIES CITIZENS BEFORE 1997 SHOULD TRANSMIT THAT STATUS TO THEIR CHILDREN FOR ONE GENERATION THEREAFTER. I RECOGNISE THAT THIS HAS BEEN A DISAPPOINTMENT TO MANY PEOPLE IN HONG KONG.

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ANDREW FAULDS (LABOUR): ... THIS IS IN AN ANNEX (QUESTION UNCLEAR) WOULD BE OPEN TO RECONSIDERATION IN THE LEGISLATION THAT MUST FOLLOW ON BRITISH NATIONALITY.

/HOWE: I