TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 87

CONFIDENTIAL

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Nationality & Treaty Department

Mr Jones

CL537,

DRAFT WHITE PAPER ON NATIONALITY LAW

34011

RECEIVED IN REGISTRY NO. 51 09 APR 1980

DESK OFFICER

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See (43

1. Thank you for your minute of 1 April. Naturally my comments are subject to the important proviso which you make in your paragraph 5, that the question of nomenclature is still subject to Ministerial decision and that the FCO's position on this is reserved.

2. I agree that a major omission is the lack of a reassurance to dependent territories. It is essential that the Paper should contain such a statement and that it should come early in the Paper rather than appear to be an afterthought. A new paragraph after the present paragraph 5 would seem the most appropriate place to put it. I suggest that it should be along the lines of the following:

"The Government also wish to stress that nothing in these proposals in any way alters their firm commitment to fulfil their obligation to all the British Dependent Territories and to their citizens."

3. I would hope that the reassurance could also be made stronger in another sense. In paragraph 5 itself would it be possible to add at the end "

or in practice the right of entry to the UK of any individual who now holds it"?

4.

You ask in your paragraph 4 whether it is necessary to replace "Colony" with "Dependency" wherever it occurs in the White Paper. We should certainly ask for this.

5. I would like to see even greater emphasis on the 'green edges' of the White Paper. There is already a flavour of this in para- graph 3 as amended by you, but it could be stronger. I suggest adding at the end "..... The White Paper should therefore be regarded as a discussion document, which may be amended in the light of further comments."

6•

My other comments on the draft are:

a) Paragraph 2, Sentence 4. I take the point of your suggested amendment but it still invites invidious comparisons. What about "Otherwise the main comment from those ordinarily resident in the UK has concerned the passing ....."?

b) Paragraph 3, Sentence 1 (as amended by you). Delete however'.

CONFIDENTIAL

/c)