TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 101

CONDUITIAL

THERE IS NO GROUND IN LOGIC OR PRACTICE IN THE PROPOSED CHANGEIN DESIGNATION FROM CUKC TO CBDT SO FAR AS HONG KONG IS CONCERNED. THIS POINT WAS BROUGHT OUT BY SIR PAUL BRYAN, MP IN HIS SECOND READING SPEECH. WE AGREE WITH WHAT HE SAID AND WITH ALL THE POINTS HE MADE.

CROWN SERVICE.

WE UNDERSTAND HMG'S DESIRE TO MAKE CHANGES TO CLARIFY THE LAW IN REGARD TO CITIZENSHIP. HOWEVER IN DOING SO IT IS A MATTER

OF VITAL IMPORTANCE TO HONG KONG, AFFECTING ITS STABILITY AND CONFIDENCE IN IT THAT THE CHANGES SHOULD NOT ONLY RECOGNISE THE CLOE CONSTITUTIONAL RELATIONSHIP BETWEEN HMG AND HONG KONG PEOPLE BUT ALSO THE LOYALTY AND PUBLIC SERVICE WHICH UNOFFICIALS AND OFFICIALS HAVE GIVEN AND CONTINUE TO GIVE THE CROWN. INDEED IT IS NOT TOO MUCH TO SAY THAT THE EFFECTIVE AND CONTINUED ADMINISTRAT OF HONG KONG DEPENDS UPON THIS SERVICE.

UNFORTUNATELY THE COMBINATION OF CLAUSE 4(1) OF THE BILL TOGETHER WITH PARAGRAPH 1(3) OF ITS FIRST SCHEDULE TOGETHER WITH THE DEFINITION OF CROWN SERVICE' AND 'CROWN SERVICE UNDER THE GOVERNMENT OF THE UNITED KINGDOM' UNDER CLAUSE 46(1) EXCLUDES THE OPPORTUNITY, SHOULD EVENTUALITIES SO REQUIRE, OF PERMITTING SUCH OFFICIALS AND UNOFFICIALS (WHO MAY SATISFY CERTAIN MINIMUM REQUIREMENT OF SERVICE) TO BE NATURALISED AS BRITISH CITIZENS. IN OUR OPINION IT IS VITAL THAT THE BILL AS FINALLY PASSED SHOULD NOT EXCLUDE SUCH A CONTINGENCY. WE ARE GRATEFUL FOR MR RAISON'S ASSURANCE THAT THIS WILL BE CONSIDERED AT THE COMMITTEE STAGE. OTHER MATTERS.

WE HAVE OTHER MATTERS OF CONCERN INCLUDING THE SAFEGUARD OF THE FREEDOM OF TRAVEL BY CBDT'S TO THIRD COUNTRIES, THE FORM OF PASSPORTS AND ENTRY CERTIFICATES (WHICH WE RECOGNIZE ARE NOT MATTERS TO BE DEALT WITH IN THE BILL), NOMENCLATURE OF THE PROPOSED CATEGORY OF CBDT AND STATELESSNESS. MR RAISON HAS SAID THAT THESE MATTERS WILL BE CONSIDERED IN COMMITTEE. DURING THE COURSE OF IT WE SHALL HOPE TO SEE SOME AMENDMENTS TO THE RELEVANT PROVISIONS OR SECURE SOME FURTHER ASSURANCES RELATING TO THEM.

MACLEHOSE

LIMITED

HKC3

NTD

PS/L PS

Sit. E YouDE 7 ADAYS

BS/Y BLAKER MA. JONALD BS/BLAKER

Ps/Pus

Cofres To:

HONG KONG GOUT Office

LONDON

2

CONFIDENTIAL

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