TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 51

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ABD

A 116

D

CODE 18-77

به مسا

Mr Jones

Mr Clift HKGD

14

NEW NATIONALITY LAW:

Reference...

HKK 3401

RECEIVED IN T.

0 2 DECIO

DESK OFFICER INDEX

PA

PAJ27.11

7

1W 9/12

LOCALLY RECRUITED CIVIL SERVANTS IN THE DEPENDENCIES

1258

1. Mr Clift's minute of 24 October on file GNN 340/1(25), Sir J Cater's letter of 20 October and the PS's minute of 5 November deal with the citizenship status of Hong Kong Administrative Officers and Police. These 2 categories of Crown Servant are locally recruited and do not have a nationality connexion with the UK.

2. Mr Lee tells me that he is at present working on a definition of 'Crown Servant' for the purpose of the Nationality Bill. The Home Office intention is that a Crown Servant will be defined as a person who is serving HMG in the UK and who was recruited in the UK. It is, I imagine, possible that the definition will be wider (eg it might when finalised cover expatriates employed in dependencies. This is speculation on my part but it is perhaps logical if the children of such officials are denied CBDT by birth, cf recent telegraphic correspondence with the Cayman Islands). But the definition would not take in ethnic Chinese recruited in Hong Kong since that would be contrary to the whole concept of the new law. Mr Clift is correct in saying in para 4 of his minute of 24 October that the non-expatriate civil servants are asking for the moon.

3. It seems to me that the question of the Administrative Officers and Police would best be considered in the context of evacuation planning and/or the handing over of Hong Kong to China towards the end of the century. Thus if evacuation were necessary the question would be dealt with as a political matter and our commitment to the civil servants regarded as an immigration question rather than one of nationality.

14 November 1980

Matina

H M PATERSON

Nationality and Treaty Department