TNAG-0902-FCO40-1112-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 57

CONFIDENTIAL

only the Governor's view but also that of Mr Blaker, who discussed the matter at length and is firmly of the view that there is a constitutional issue here which has been inadequately considered. Mr Blaker commented to me that he would expect a great deal of Parliamentary comment if the draft Bill did not provide for this constitutional relationship of the Dependent Territories.

1

}

3. Mr Blaker has given a considerable amount of thought to this subject and will need to be kept informed, not just because of his responsibilities in the FCO for Hong Kong, but on more general

groums.

4. What we must now do, I am sure, is to state firmly to the Home

Office that the constitutional issues must be covered by agreeing now on the principle of a three-tier citizenship. In my own view it is nonsense for the Home Office to try to avoid this issue or to make it conditional on nomenclature: once the principle is agreed, then the search for nomenclature has at least got a starting point. You may think that what is now needed is a very firm letter to the Home Office, if necessary at Ministerial level, (and certainly shown to Mr Blaker) stating the constitutional reasons why the three-tier proposal must now be accepted. I am not sure if the Legal Advisers have yet considered this issue but, if you agree with my suggestion, I imagine this is the time to consult them. Meanwhile, as I have raised a very important fundamental point, I am copying this minute to those Under-Secretaries and Departments concerned with the Dependent Territories.

J

4 October 1979

CONFIDENTIAL

Жиш

DF Murray