XN000022-1984-12-10 — Page 7

MONDAY, DECEMBER 10, 1984

THE EFFECTS OF THE UNITED KINGDOM MEMORANDUM IS THAT THOSE WHO WERE, ON THE 30TH OF JUNE 1997, BRITISH DEPENDENT TERRITORIES CITIZENS BY VIRTUE OF A CONNECTION WITH HONG KONG WILL BE ABLE TO RETAIN, IF THEY WISH, A STATUS WHICH WILL BE A FORM OF BRITISH NATIONALITY AFTER 1997 AND FOR THE REST OF THEIR LIVES, THIS STATUS CAN BE RETAINED BY SUCH ALL BDTCS WHATEVER THE IR ETHNIC ORIGIN. IT WILL ENABLE THEM TO CONTINUE TO USE A BRITISH PASSPORT AND TO AVAIL THEMSELVES OF CONSULAR PROTECTION WHEN IN THIRD COUNTRIES. I REALISE THAT THERE HAS BEEN A DISAPPOINTMENT THAT WE WERE NOT ABLE TO OBTAIN TRANSMISSIBILITY OF BRITISH NATIONAL STATUS BY DESCENT AFTER THE FIRST OF JULY 1997. WE FOUGHT VERY HARD TO RETAIN THIS BENEFIT WHICH IS, OF COURSE, ONE CURRENTLY ENJOYED BY BRITISH DEPENDENT TERRITORIES CITIZENS. BUT THE CHINESE GOVERNMENT WERE NOT PREPARED TO AGREE THAT ANYONE BORN AFTER 1997 SHOULD ACQUIRE BRITISH NATIONALITY BY VIRTUE OF A CONNECTION WITH HONG KONG.

DESPITE THE FIERCE STATEMENTS WHICH WERE MADE WHEN THIS MATTER WAS DEBATED IN ANOTHER PLACE. THERE MAY BE SOME CONTINUING MISAPPREHENSION ABOUT THE POSSIBILITY THAT PEOPLE WHO ARE NOW BRITISH NATIONALS COULD BE MADE STATELESS BY THESE ARRANGEMENTS. I AM GLAD TO TAKE THIS OPPORTUNITY TO REASSURE NOBLE LORDS THAT THIS WILL NOT HAPPEN. WE INTEND FULLY TO COMPLY WITH OUR OBLIGATIONS UNDER THE 1961 CONVENTION OF THE REDUCTION OF STATELESSNESS. THEREFORE, THE DRAFT LEGISLATION WHICH THE GOVERNMENT WILL IN DUE COURSE BRING BEFORE THE HOUSE WILL INCLUDE PROVISION WHICH WILL ENABLE US TO ENSURE THAT ANY BRITISH NATIONAL IN HONG KONG, WHO WOULD OTHERWISE BECOME STATELESS AS A RESULT OF THESE ARRANGEMENTS, WILL RETAIN A FORM OF BRITISH NATIONALITY. IT WILL ALSO ENABLE PROVISION TO BE MADE FOR ANY CHILDREN OF EX-BRITISH DEPENDENT TERRITORIES CITIZENS WHO WOULD OTHERWISE BE BORN STATELESS TO ACQUIRE BRITISH NATIONALITY. THOSE EX-BRITISH DEPENDENT TERRITORIES CITIZENS WHOM THE CHINESE GOVERNMENT DO NOT REGARD AS THEIR OWN NATIONALS AND WHO HAVE NO OTHER NATIONALITY, WILL NOT BE LEFT STATELESS. AND NEITHER WILL THEIR CHILDREN.

CONCERN HAS ALSO BEEN EXPRESSED ON THE COMMITMENT OF THE CHINESE GOVERNMENT TO THE IMPLEMENTATION OF THE AGREEMENT. WHILE NO ABSOLUTE GUARANTEES CAN BE GIVEN ABOUT THE FUTURE, THERE IS NO REASON TO DOUBT THAT THE CHINESE GOVERNMENT WILL FULFIL THE IR OBLIGATIONS UNDER THIS AGREEMENT. THE CHINESE GOVERNMENT FREELY ENTERED INTO THE AGREEMENT AND THEY ARE JUSTIFIABLY PROUD OF THEIR GOOD RECORD IN OBSERVING INTERNATIONAL AGREEMENTS. THE CHINESE FOREIGN MINISTER HAS PUBLICLY RECOGNISED THAT THIS IS A LEGALLY BINDING AGREEMENT. MOREOVER, BOTH ECONOMIC INTEREST AND THE COURSE OF CHINESE REUNIFICATION WILL BE SERVED BY ADHERENCE TO THE AGREEMENT. TO MY MIND, THESE ADD UP TO VERY STRONG INCENTIVES TO OBSERVANCE OF ITS LETTER AND ITS SPIRIT.

THE AGREMENT