TNAG-0903-FCO40-1113-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 42

Mr Quantrill

HKGD)

Mr Snodgrass

SPD )

Mr Duff

WIAD

Mr Payne

M&CD

Mr Ure

SAMD

Mr Daunt SED

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HKK 340 RECEIVED SE BAGLIZY NO. 51 30972

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NEW NATIONALITY LEGISLATION: CONSULTATION WITH DEPENDENCIES

1.

After consultation with you last month Mr Figg wrote to Mr Hilary in the Home Office seeking agreement for Governors to discuss with their advisers on a confidential basis the general proposals under consideration for the new law. The Home Office have asked whether this question could be deferred until the picture is clearer on the new legislation. It is now virtually certain that there will be no Nationality Bill this session; but the Home Secretary is considering whether to publish a White Paper - which presumably would give the proposed new legislation in comprehensive detail. If there is to be a White Paper my own guess is that it is slightly more likely than not - I should think that the earliest that it could appear is the second half of February.

2. I feel sure that the Home Office view will be that if there is to be a White Faper this will give sufficient opportunity to the dependencies to present their views. I would hope that they would agree to give the Governors an advance sight of the White Paper so that they can inform their Advisers a day or so in advance of publication. If they do that I would have thought that we should not seek earlier meaningful consultation with the dependencies in advance of publication of the White Paper. I think the general FCO view is that if we can reach agreement with the Home Office on nomenclature that will satisfy Hong Kong's needs there will be a powerful case for accepting this even if it would not be the first choice of all other dependencies. In those circumstances I see no point in giving the other dependencies an opportunity to object to it before the appearance of the White Paper and have their objections over-ruled, only to have to go through the same process again betweer. the White Paper and the Bill itself. I hope, therefore, that you will agree that if there is to be a White Paper we should not press for meaningful consultation with the dependencies in advance of its publication. We have given serious attention to the views of dependencies and I would hope that we have avoided anything avoidable that would upset them.

3. There is, however, one point on which we may wish to consult some or all Governors confidentially before a White Paper and that is on immigration into dependencies in the event of a decision to have a 3-category citizenship in the new law. At a recent meeting on more general matters with the Home Office they expressed themselves very firmly that if there is to be a separate designation for "British Colonial Citizens" with a title that includes the name of

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CONFIDENTIAL