TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 237

CODE 18-77

CONFIDENTIAL

Reference...

PROPOSED NEW NATIONALITY LAWS:

HOME OFFICE

SUMMARY OF VIEWS

[all references to folio numbers are to 1979 file HKK 340/1

(a) Ministers

1. In May, Mr Raison told the Home Office they should proceed with preparing a new Nationality Law "based on the 1977 Green Paper" (folio 15). In June, the Governor of Hong Kong spoke to both Mr Whitelaw and Mr Raison, but they gave no clear indication of their reaction to the Hong Kong case. In July, Home Office Ministers were said to be "prepared to consider a three category system" (folio 51). A Home Office memorandum prepared in September (folio 86A) asserted that their Ministers (in common with their opposite numbers in the Labour Party) attached importance to having new titles that did not include the term "United Kingdom".

2. The only other indication we have received of Home Office Ministers' views is from a conversation that Mr Bray had with Mr Whitelaw's PPS, when he said that the Home Secretary would be prepared to give way to Lord Carrington in Cabinet on the question of nomenclature (folio 94). Howeven Mr. Woodfield told Mr. McLaren that Mr. White bow was 'adamant that cukc could not be used. (b) Officials

(FCO tel 635 forio 5A.)

3.

Home Office officials believe that there is a self-evident need for a new Nationality Law. They have reluctantly accepted the idea of a third category, but have firmly ruled out any nomenclature for colonial citizens that:

(i) includes the words "United Kingdom";

C

(ii) retains the prefix "British Subject" which they regard

as "archaic and misleading";

(iii) gives the impression that colonial citizens are British

citizens (e.g. "British Citizen of Hong Kong").

Their preference is for "British Colonial Citizen" or "Citizen of British Colonies" (see folios 86A and 152).

F.C.O.

(a) Ministers

4.

Lord Carrington told

that he sympa-

thised with the Hong Kong desire for three categories and for nomenclature that emphasised the UK connection. On nomenclature, Mr Blaker is said to have expressed a preference for "Citizen of UK Colonies (Hong Kong)" (folio 10 Mr Blaker is also firmly of the belief that it is essential for constitutional reasons that there should be a separate citizenship category for Dependent Territory citizens (folio 110). But Mr Murray told the Hong Kong Secretary for Security on 21 August that the Secretary of State had little leverage in Cabinet on this question, since the Cabinet as a whole supported the Home Office proposals for changes in nationality laws (folio 71A).

i

CONFIDENTIAL

/(b)

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