TNAG-0503-FCO40-568-Immigration-and-nationality-policy-of-Hong-Kong-1974 — Page 33

Mr Dixon (Nation.ity & Treaty Department)

Mr Crowson.

5

CHINESE NATIONALITY POLICY

1. Strictly speaking we in this Department have no further interest in the non-Malaysian aspects of these papers forwarded by Mr Davies through Mr Crowson and me to you. In my consideration of the Malaysian aspects of the problem however the problem of the nationality status of people normally resident in Hong Kong becomes more clear and the following may contribute to drawing relevant distinctions.

2

Arguing from first principles there are I take it three broad categories of residents in Hong Kong.

i) UK nationals (of Chinese ethnic origin) ii) Hong Kong belongers with certificates

of identity of some sort

iii) residents with no documentation in- dicating a nationality status.

*

A rejection of the principle of dual nationality would presumably in no way affect our preparedness to recognise the nationality status of those in the first group. Peking might be perfectly happy for us to accept the implicit responsibility even if in different circumstances in the future, they might be unwilling to have British nationals in recovered territory. This could create a problem in which the Chinese concerned would have to change their status or try to leave their normal place of residence for the UK. As this option would not be open to them they would presumably be forced to change their nationality any way and we should have been put in a position of not wishing or not beingable to honour presumed obligations. This does not seem to me to be a problem of dual nationlity as such

•

3. It is my impression that Hong Kong belongers are in nationality status teras similer to those of the third group (para 1 above). Regardless of what KMT attitudes to the legal implications (if any) of the distinction drawn between t'ung mao and hua ch'iao may be, Peking would prima facie regard those in groups ii) and iii) as Chinese nationals living in a foreign jurisdiction, but here again there is no issue of dual nationality as such. We do not regard

/them

CONFIDENTIAL