TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 158

CONFIDENTIAL

NKK 34oli

Mr Clift - HKGD neex

INDEX

1.

Holi

Reference

B::U 2 week to me

M Williansor

20.2.80

Jrichiamo -no action pending HK'

по

Mr. m Quán Filling An a/s comments to N Clift.

Ants

I have taken a

apy

I HK

1/2 12 1913

18 TEDAY) 25

Attached is a draft telegram in which I have tried to incorporate all the points made at this morning's meeting. As I explained to you on the telephone, however, it is extremely difficult to set out all the pros and cons for every alternative without going into great detail about the Act as a whole. This is not to say that we have anything to conceal; rather it is that it is the collective weight of a number of points which will often be conclusive in a choice. There must, therefore, be some flexibility in stating the case: we

cannot take the various options in complete isolation.

2.

You know the strength of feeling here about the impossibility of retaining CUKC. You will also be aware that the reasons given for this in paragraph 3 of the draft, though compelling in the UK, will not appeal to Hong Kong. Though they are now talking about titles their minds are never far from their real aim which is to re-acquire

Mot attached immigration rights in the UK - or to have the expectation of the UK

as a haven in case of emergency. In case you have not seen it, I enclose a copy of a letter written nearly 3 years ago by the Governor, which forcefully and unashamedly makes the case for resumption of immigration rights for Hong Kong belongers, explaining that that is the strongly held view of senior Hong Kong Chinese. One can therefore expect these members of EXCO to feel that if the present citizenship concept conflicts with human rights and anti- discrimination conventions the proper course for HMG is to restore the rights and not make those concerned into some other form of citizen.

that

3. There is no logical answer to this except the political reality for the UK rules this out totally. There can be no possible doubt about this. In my personal view if the concern of Hong Kong belongers is, as the Governor put it in the attached letter, that they will have nowhere they can go [in an emergency] the realistic place to look for relief is in a government statement in the White Paper or when the Bill is introduced. (I am not sure just what form it takes but I believe that the Falkland Islanders were given some such assurance some time ago.) In addition to the possibility of some such assurance we would certainly aim to include in the White Paper as full an explanation as possible of the reasons for the change and the fact that it did not lessen in any way HMG's position vis-a-vis the colonies. I would have thought that this was a more fruitful way of pursuing their objectives. It would be far better to to this than to pin one's hopes on a citizenship title to secure the same objective.

4. I therefore hope that Hong Kong will approach the enquiry on the basis of the technical requirements of the Act as well as sentiment. As I see it, what is required is:-

CODE 18-77

SS 8/78

CONFIDENTIAL

/a)