TNAG-0901-FCO40-1111-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 144

Mr Murra

NATIONALITY LAW

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CONFIDENTIAL

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1. Sir Murray MacLehose asked about the Government's intentions with regard to nationality law when he saw the Home Secretary yesterday. Mr Whitelaw confirmed that the Home Office were working broadly on the lines of the 1977 Green Paper and said that it was hoped to introduce a bill before Christmas.

Sir M MacLehose said that implementation of the Green Paper

proposals to create a two-tier citizenship would cause problems

in Hong Kong. It was purely a matter of nomenclature:

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fully understood the Government's concern to limit rights of peans

entry, abode and work and what he had in mind would not change

the present position in these respects. It was agreed that

the matter should be pursued when the Governor saw Mr Timothy Raison the following day.

2. Sir M MacLehose accordingly raised the matter again at his meeting with Mr Raison this morning. Mr Philip Woodfield (DUS in the Home Office responsible for immigration questions) was also present and had briefed Mr Raison beforehand. The Governor said that citizens of the UK and Colonies in Hong Kong no longer had rights of entry, abode and work in the UK. They had accepted that situation but would not understand the need for a change of title which would have no practical benefit. They might interpret such a change as an indication that the Government were preparing to give up their responsibility for Hong Kong; the Chinese would similarly be puzzled. The Governor suggested that a three-tier concept would meet the UK's objectives and would be much more satisfactory from the point of view of Hong Kong. The three categories would be:-

a) British citizens (those with rights of entry, etc,

in the UK);

b)

Citizens of the UK and Colonies (British citizens in the remaining Dependent Territories);

c) British Overseas citizens (those with an entitlement

to a British passport but without firm connections with either the UK or any of its present dependencies).

People in category (b) had a quite different relationship to Britain than those in category (c) and it was logical to distinguish between them. In answer to a question, the Governor said that he was opposed to the idea of a Hong Kong citizenship. Quite apart from the implications for relations with China, the idea that there should be a special citizenship for a non-sovereign territory was constitutionally impossible.

CONFIDENTIAL

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