TNAG-0903-FCO40-1113-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 110

CONFIDENTIAL

Reference

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Mr Pettit, South Pacific Dept Mr Yarnold, North America Dept

Mr Barlow, Rhodesia Dept

Mr Duggan, South America Dept

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Mr McLaren, Hong Kong and General Dept Mr. Gordon, South European Dept

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CHANGES IN THE IMMIGRATION RULES AS THEY MAY AFFECT OLD COMMONWEALTH" COUNTRIES.

1.

I have no comments to make on the draft telegram or the suggested amendments to the working holiday rule. I do have some reservations about the Home Office argumentation in support of the abolition of the UK-born grandparent provision, viz:

(a) The rules were brought in partly to offset the less favourable

position of old Commonwealth citizens vis-à-vis those of the EEC after Britain's accession. Abolition of the rules will remove this compensating factor. Although not directly relevant, it is worth noting that Britain's accession to the EEC has been far more detrimental to the old Commonwealth countries than the new.

(b) I believe the Home Office is correct in thinking that there will

be objections from what they call "the Commonwealth lobby" in this country (but what I foresee as being a considerable body of opinion both inside and outside Parliament), and from the old Commonwealth countries - though, of course, your telegram should indicate the likely strength of feeling here.

(c) The unemployment argument is hardly strong. The impact of

even 4,000 people per year (and this rate seems likely to slacken) into the (mainly) South-Eastern region of Britain is likely to be negligible.

(a) The argument of administrative convenience is hardly a

respectable one in this context.

(e) The comparison with those of UK

ancestry living in foreign countries, and the likely curtailing of their privileges, is important - but surely not entirely anomalous. There are other areas where residents of Commonwealth countries derive advantages over those of foreign countries.

(f) The strongest argument for abolition, from a Commonwealth

point of view, is that of "indirect racial discrimination". However, "indirect" is the key word. The Provision is not discriminatory per se, and, as the Home Office paper says, it is likely to embrace more new Commonwealth visitors as time goes by; moreover the counter-argument of the relevance of UK ancestry is perfectly valid.

2.

In essence therefore, from the Commonwealth point of view, I would think that the abolition of the grandparent provision could do considerable harm to the Commonwealth "concept" both in this country and the other old Commonwealth countries - whereas its retention would not, I believe, place any undue strain (and certainly nothing that is new) on the Commonwealth framework.

8 August 1979

CONFIDENTI AL

James Paterin

Whis

JR Paterson, Commonwealth Co-ordination Dept.

DOTE