TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 148

Mr Paterson

Mr Jones”

COVERING SECRET

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13 FEB 1981

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HONG KONG:

BRITISH NATIONALITY BILL

1. You will wish to see and possibly comment on the proposed draft reply to the Governor of Hong Kong's letter of 30 December.to Mr Donald. I received it in a timed box this afternoon.

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2. The problem is that Hong Kong have interpreted paragraph 70 of the White Paper, which applies to acquisition of British citizen- ship on the grounds of 'Crown Service' under the new law, as though it applies to 'Crown Service' under the present law. This is not so. Under the present law, in which the acquisition of citizenship apply equally to the United Kingdom and the Colonies the definition of 'Crown Servicê under Her Majesty's Government in the United Kingdom' means the service of the Crown under Her Majesty's Government in the United Kingdom or under the Government of any Colony. It is the latter service which enables the category of persons mentioned in the Governor's letter to be regarded as 'Crown Servants' under the present law.

3.

The new law provides for a separate citizenship for the United Kingdom and a separate citizenship for the dependent territories. For British citizenship 'Crown Service under the Government of the United Kingdom' means Crown Service under Her Majesty's Government in the United Kingdom or under Her Majesty's Government in Northern Ireland (Clause 46(1)). For citizenship of the dependent territories

Crown Service under the Government of a dependent territory' has not been defined and consequently it has to be interpreted literally.

4.

The definition of 'Crown Service' for the purposes of acquisition of British citizenship is quite clear and there is no way in which it may be interpreted to include the persons mentioned in the Governor's letter. Nor does the Secretary of State have any discretion in the matter.

5. I am afraid that we cannot give the assurance asked for and I think we must grasp the nettle now in order to avoid any mis- understandings in the future. Some persons in Crown Service under the Government of Hong Kong may qualify under Clause 3(2) as read with 3(3)(d) but only if they are recruited in the United Kingdom. The only alternative would be to widen that provision to include those recruited locally but even so many would be excluded by the 'close connections' criteria at (2)(d).

6. The reply will need to be re-drafted but I understand action has already been taken telegraphically and the draft will need to take account of this.

Mr Ziar

CODE 18-77

SS 8/78

27 January 1981

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COVERING SECRET