TNAG-0959-FCO40-1178-Shipping-in-Hong-Kong-1982 — Page 37

VOLDTE

.19.7

Mr Sizeland

Defence Department

CONFIDENTIAL

ARR 175/

༧-

RECEIVED IN RAGE TY 40. 51

Reference 10 JUL 1980

DESK OFFICES

INDEX

No

PA

हजार

to Taken

23/71 AW33

"NON-DOMICILES" CREWS ON UK MERCHANT SHIPS

1.

I refer to your minute of 30 June.

2.

I think we can safely take it that there would be no question of the Hong Kong Government refusing to allow Hong Kong seafarers to serve on UK flag merchant ships during (i) a period of crisis, and (ii) a conventional war.

3. I should point out, however, that the assumption in the final sentence of paragraph 4 of the Department of Trade's letter is not necessarily valid. There is no such thing as a "Hong Kong citizen", and by no means all Hong Kong residents are British subjects. I attach a copy of a recent minute from Mr Williamson of this department to Mr Fursland, FED, which describes the various categories of resident in Hong Kong.

4.

Presumably, the Department of Trade would need to seek legal clarification as to whether (a) Hong Kong British subjects, and (b) Hong Kong stateless residents would in fact be subject to the same regulations as British nationals. It is not clear whether they have checked whether the regulations to which they refer are based on legislation which extends, or is capable of extending, to the dependent territories, including Hong Kong. If not, it may be possible to introduce legislation which does so extend. If any such amendment is envisaged, however, we would need to consult Hong Kong.

9 July 1980

2

RJ M Ritchie (Ms)

Hong Kong and General Department K242

233 3988

་*

CONFIDENTIAL