TNAG-0800-FCO40-1004-Implications-for-Hong-Kong-of-changes-in-British-Nationality-1978 — Page 62

GR 2335

ا الله

FRIORITY

CYPHER/CAT A

FM HONG KONG 180253Z

CONFIDENTIAL

CONFIDENTIAL

mr. Thompan,

The Stagant would like

to discuss kis

TO PRIORITY F.C.O TELNO.66 OF 18 JANUARY 78.

FOR STEWART FROM DAVIES.

GREEN PAPER ON BRITISH NATIONALITY LAW.

with

your

Richard Stage 1

BAR

Felsent to

NID

for comments

1. DURING YOUR VISIT, YOU SUGGESTED THAT WE SHOULD NOW MAKE FORMAL REPRESENTATIONS TO THE F.C.O REGARDING THE GREEN PAPER ON BRITISH NATIONALITY LAW.

2. IN PREPARING OUR VIEWS, AND IN THE LIGHT OF THE ADVICE CONVEYED IN AMY'S LETTER OF 3RD AUGUST 1977 (REF.340/25), WE HAVE CONSIDERED AGAIN WHAT MIGHT BE THE POSITION OF THE 1.8M PERSONS IN HONG KONG WHO ARE TECHNICALLY STATELESS, BUT WHO, UNDER SECTION 2 OF THE

AS A IMMIGRATION ORDINANCE, QUALIFY FOR CHINESE RESIDENT STATUS. RESULT THEY HAVE A STATUTORY RIGHT TO LAND IN HONG KONG (SECTION 8(1)). THEIR SEPARATE STATUS AND THEIR USE OF A CERTIFICATE OF IDENTITY FOR OVERSEAS TRAVEL DOES NOT GIVE RISE TO ANY DIFFICULTY AND SIMPLY DISTINGUISHES PETWEEN RESIDENTS WHO ARE CUKC S AND THOSE WHO HAVE COME TO HONG KONG AND HAVE A RIGHT TO RESIDE HERE, BUT WHO WERE NOT BORN HERE AND HAVE NOT BEEN NATURALISED.

3. COULD YOU SAY WHETHER ANY CONSIDERATION HAS BEEN GIVEN TO THIS NUMERICALLY LARGE GROUP AND WHETHER, IF THE PROPOSALS IN THE GREEN PAPER ARE IMPLEMENTED, WE ARE CORRECT IN ASSUMING THAT THEIR PRESENT RIGHT OF ENTRY TO HONG KONG AND EXISTING RESIDENTIAL STATUS WOULD NOT BE CHANGED.

MACLEHOSE

FILES

HK&GD (5)

NTD

MVD

CONS DEPT

FED

CONFIDENTIAL