TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 224

CONFIDENTIAL

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Mr Oke

Minute ver

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Mr MitcheИ

NTD ruinate DAW

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NÁTIONALITY REVIEW: DRAFT GREEN PAPER

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I think that the formula that Mr Mitchell has put forward in his minute of 5 January to qualify the figure for the number of CUKC's in Hong Kong, namely, some of these people may hold other bitizenships, is an improvement on the original formula, namely, most would probably be accepted by the Chinese Government as their nationals: When Mr Mitchell first put forward this compromise formula I felt bound to say that I thought it would still give rise to difficulties, though perhaps on a lesser scale than I thought would arise in the case of the original formula (para. 4 of my minute of

23 December refers). It is a nice point, of course, whether the absence of any qualifying statement in relation to the figure for the number of CUKC's in Hong Kong (or, to be precise, in the dependent territories as whole) would be likely to provoke more questions than would the inclusion of a qualifying statement, however worded. I am inclined to think that the Green Papaer, if it is published, will, in any case, give rise to a host of questions directed mainly, I imagine, to the body of the document - and that attempts now to anticipate questions by

qualifying statements of the sort envisaged in relation to Section 2(b) of the Appendix are not very profitable. On the whole, therefore, I am inclined to stick to my original view that it would be better not to attempt to formulate the qualifying statement with regard to the number of CUKC's in Hong Kong. Instead, I would suggest that the formula "some of these people may hold other citizenships" should be held in reserve for use if questions are asked, when a Green Paper is published, about this particular point. This would serve to deal with the point raised at the end of para. 2 of Mr Mitchell's minute, which might otherwise, I agree, create difficulty.

2. This said, I must admit that I feel less sure about the right course to adopt than when I wrote my earlier minute. I appreciate that NTD will be the "front line" department in helping the Home Office to answer questions arising from the Green Paper and there is the particular questions of CUKC's in the West Indies holding other citizenships, to which Mr Mitchell has also drawn attention. I am also inclined to hesitation as a result of Mr. Duffy's minute of

7 January, which Mr Orr, in particular, wished to see. If it were to be right to continue to assume that the Chinese authorities, whether of Peking of Taiwanese distinction, regard all Chinese, wherever they are to be found, as entitled to Chinese citizenship we clearly ought to be careful to avoid any presentation of the

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(17293) Dd.897465 400m 1/71 G.W.B.Ltd. Gp.861