TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 39

RESTRICTED

employed with a business or other organisation based in the UK. The

Home Secretary fears that such a provision is open to abuse, with

immigration consequences; and so as to be able to resist pressures

to extend the provision for businessmen still further he believes it

essential that other groups apart from Crown Servants should not be

given better treatment than UK businessmen.

-

6. Subject to the Parliamentary draftmen's wording the Crown

Servants' provision will now cover British Council staff and members

of HMOCS. For the other groups

members of certain international

organisations, including the European institutions, OSAS personnel,

and UK-recruited staff employed by colonial governments (other than

HMOCS) - the Home Office are prepared to give similar treatment to

that for businessmen. CRD, ODA, HK&GD (representing the

dependencies) and UND and the British Council would be content with

these arrangements. (ODA and the British Council point out that they

recruit some staff for employment overseas who might claim that their

position is analogous to OSAS officers; but these fringe categories

are probably inevitable wherever the line is drawn.)

7. However, Mr Spreckley has argued strongly that British citizens working for European Community institutions should be equated with

Crown Servants for the purpose of this provision. His views are at

Flag A. However I do not think that their position is completely analogous to that of Crown Servants sent overseas to work (mainly

members of HM Forces serving overseas and the staff of our diplomatic

missions). The Home Office have no doubt that the Home Secretary

would be strongly opposed to equating the staff of European

institutions with Crown Servants and thus effectively giving them

better treatment than UK businessmen overseas. Mr Whitelaw

apparently fears that this would jeopardize the provision that he

has made for businessmen and, that this could undermine the structure

of the very limited provisions for transmission of citizenship to

children born overseas which are a feature of the new legislation.

8. I also think this could jeopardize the Crown Service provision

which is important to the Diplomatic Service, and has been urged on

/the Secretary

RESTRICTED