TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 111

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Mr Figg

HKCK 34011

1

RECEIVED IN RESIS BY NO. Mr Cortazzi

2 4 MAR 1980

DESK OFFIC

INDEX

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PA

Jet. 3

Mr Jones

REGISTRYME Action Taken

Aλ 244

NEW NATIONALITY LAW: COLONIALL CITIZENSHIP ETC

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ft

1. Mr Jones's minute of 20 March is a very good attempt at setting out the issues resulting from Mr Cortazzi's meeting with Mr Woodfield. However, I think he has given too little weight to the general FCO arguments about "British Subject" as a common title. The Home Office arguments were that, first, it would be meaningless and, second, that it would tend to re-create the linkage between the three categories of citizenship for nationality/immigration purposes, which was just what the bill is intended to destroy.

First,

2. The FCO views, as I understand them, are more complex. and subject to the Legal Adviser's opinion, (and I know Sir Ian Sinclair is opposed to restoring "British Subject"), if the generic title will help solve the colonial nomenclature problem, then this is a worthwhile price, the more so if the title is Leaningless anyway. Secondly, the Home Office fears of re-creating a link are groundless, because the bill's drafting can make the Thirdly, separation of citizenship emphatic and legally clear. there may be some justification in the title anyway, if it accurately describes the allegiance of those people who belong to the territories of the British Crown, including the United Kingdom itself (to apply it to "British Overseas Citizens" as well as to the other two categories would be stretching things a bit, but should not give either legal or drafting problems). Finally, it would undoubtedly be easier for British Consular activities over- seas if it could be presented that we were responsible for all who called themselves "British Subjects".

3.

that

I see no need to comment in detail on Mr Jones's draft position

You will doubtless bear in mind, paper attached to his submission. though, whatever draft emerges from his exchanges with Mr Lee in the Home Office will have to be cleared with all the geographical departments concerned with our remaining colonies, before it can be said to be fully agreed here. If you decide that geographical Under-Secretaries should also be consulted, I would welcome an /opportunity

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