TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 100

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GPS 600

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 300753Z JAN 81

TO IMMEDIATE FCO

HKCK 340/1

AUDO

AGOO DOL

RACEIVED IN REGISTRY NO. 51

03FE!

DESK OFFICER

PA

REGISTRY Action T Me

TELEGRAM NUMBER 92 OF 30 JANUARY INFO HONG KONG GOVT OFFICE LONDON

INDEX

من

FOR CLIFT FROM DAVIES.

$24.3

YOUR TELNO 79: BRITISH NATIONALITY BILL 1981,

PG 8/5

25

Sea (411)

FOLLOWING IS BRIEF FOR SIR S Y CHUNG. PLEASE PASS COPY TO FORD.

BACKGROUND.

THE HONG KONG GOVERNMENT HAS EXPRESSED ITS CONCERN OVER THE GREEN PAPER AND THE WHITE PAPER ON BRITISH NATIONALITY LAW, BOTH IN WRITING AND IN MEETINGS WITH MINISTERS. WE ARE GRATEFUL FOR THIS FURTHER OPPORTUNITY TO DO SO BECAUSE THERE ARE STILL ASPECTS OF THE PROPOSALS WHICH CAUSE HONG KONG CONCERN AND TO WHICH WE WOULD LIKE FURTHER CONSIDERATION GIVEN DURING THE PROGRESS OF THE BILL THROUGH PARLIAMENT.

WE ARE PLEASED THAT THE NEED FOR A SEPARATE CATEGORY OF CITIZENSHIP FOR THE DEPENDENCIES HAS BEEN RECOGNISED BY HMG.

(TO MR WHITEL AW ONLY).

WE WERE PERPLEXED BY THE REFERENCE IN YOUR SPEECH THAT THE INTRODUCTION OF A THIRD CATEGORY DOES NOT MEAN FOR PRACTICAL PURPOSES (THAT) THE POSITION OF ANY OF THOSE WHO WOULD HAVE BEEN BRITISH OVERSEAS CITIZENS UNDER THE GREEN PAPER PROPOSALS WILL BE

ALTERED.

WE AGREE THAT A COMPOSITE CITIZENSHIP FOR ALL THE DEPENDENCIES IS AN IMPROVEMENT. WE NOTED WHAT WAS SAID ABOUT GIBRALTAR AND ALSO ABOUT THE FALKLAND ISLANDS. IN THE LATTER CASE THIS SUGGESTED POSSIBLE GENEROUS TREATMENT IN THE FUTURE. SIMILAR CONSIDERATIONS COULD APPLY TO HONG KONG.

WE WERE GLAD TO NOTE THE ASSURANCE IN PARAGRAPH 16 OF THE WHITE PAPER (SEE ANNEX A), HAS BEEN CONFIRMED BY THE HOME SECRETARY AND THE MINISTER OF STATE IN THE SECOND READING. EVEN SO THE PROPOSED ESTABLISHMENT OF A SEPARATE CITIZENSHIP IS SEEN BY MANY IN HONG KONG AS YET ANOTHER STEP IN THE PROCESS OF DISTANCING HONG KONG FROM UK FOLLOWING THE COMMONWEALTH IMMIGRANTS ACT, 1962 AND THE IMMIGRATION ACT 1971.

HONG KONG PEOPLE (I E PEOPLE BORN, NATURALISED OR REGISTERED IN HONG KONG) HAVE BEEN CITIZENS OF THE UNITED KINGDOM AND COLONIES (CUKCS) SINCE 1948. HMG HAS GIVEN AS ONE OF THE REASONS FOR THE CHANGE PROPOSED IN THE GREEN PAPER THAT ''BRITAIN IS NO LONGER AN IMPERIAL POWER. HOWEVER SINCE 1948 (WHEN THE BRITISH NATIONALITY ACT WAS PASSED), THERE HAS BEEN NO CHANGE IN THE RELATIONSHIP BETWEEN THE UNITED KINGDOM AND HONG KONG NOR IN HONG KONG'S CONSTITUTIONAL POSITION AS A BRITISH DEPENDENCY. MOREOVER HONG KONG PEOPLE ENJOY NO RIGHT OF ENTRY OR ABODE IN UK. ACCORDINGLY

CONFIDENTIAL

FINELE