TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 23

SECRET

GR 400

SECRET

FM FCO 091848Z FEB 81

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 121 OF 9 FEBRUARY

INFO PRORITY PEKING

FOR GOVERNOR FROM YOUDE

62

Лёс Sea (lib

$3

YOUR TELNO 122: NEW NATIONALITY LEGISLATION

HYE 12-340|1

AECEIVED B STRY NO. 51 1 1 FEB 1981

DESK OFFICER

PA

P:

مثل

منام

Flas $15

I. THANK YOU FOR THESE COMMENTS. WE HAVE NOT YET HEARD THAT THE HOME

SECRETARY WILL AGREE TO OFFICIAL-LEVEL TALKS. HOWEVER ASSUMING THAT

HE DOES WE WILL MAKE YOUR POINTS STRONGLY, EXPLAINING YOUR CONCERN

NOT ONLY ON PUBLIC SERVANTS BUT ALSO ON PEOPLE IN HONG KONG AS A

WHOLE.

2. HOWEVER, I FORESEE CONSIDERABLE DIFFICULTIES ABOUT PARA 9 OF YOUR TELEGRAM UNDER REFERENCE IN THAT WE WILL BE ASKING FOR SPECIAL CONSIDERATION FOR A MUCH WIDER GROUP THAN WAS ORIGINALLY PROPOSED

AND WIDER THAN THE SECRETARY OF STATE PROPOSED TO MR WHITELAW AFTER HIS TALK WITH THE TWO UNOFFICIALS. IT IS, I AM AFRAID, VERY UNLIKELY THAT PARLIAMENT WOULD BE PREPARED TO GRANT THE UNFETTERED DISCRETION

YOU SUGGEST. EVEN THOUGH PARLIAMENT COULD BE ASSURED THAT STRICT

CONTROL WOULD BE EXERCISED, IT WOULD BE HARD TO INCLUDE THIS

PROVISION IN LEGISLATION. THE SPECTRE OF A DEMAND FOR A SUBSTANTIAL

NUMBER FROM HONG KONG TO COME TO THE UK COULD WEAKEN SYMPATHY FOR HONG KONG. MOREOVER, THE EXCLUSION OF A REFERENCE TO A CHANGE OF STATUS'' WOULD REMOVE THE SAFEGUARD AGAINST IMMEDIATE APPLICATIONS

FOR NATURALISATION AS SOON AS THE BILL WAS ENACTED. SUCH APPLICATIONS

WOULD PROBABLY BE REFUSED: BUT THAT IN ITSELF WOULD BE BAD FOR

CONFIDENCE.

3. OUR LATEST LEGAL ADVICE IS THAT ''CROWN SERVICE'' MAY AFTER ALL COVER UNOFFICIALS. IF THIS WERE SO WOULD YOU CONFIRM THAT, IF YOUR PARA 9 IS NOT FEASIBLE, A SIMPLE AMENDMENT TO SCHEDULE 1 PARA 1(3) WOULD BE YOUR NEXT PREFERENCE?

4. IT WOULD CERTAINLY BE HELPFUL TO HAVE FURTHER VIEWS AFTER YOUR

MEETING WITH EXCO ON 17 FEBRUARY. HOWEVER I DO NOT THINK WE SHOULD MEANWHILE DELAY A FIRST ROUND WITH THE HOME OFFICE, AT WHICH WE WOULD MAKE NO COMMITMENTS. YOU CAN ASSURE EXCO THAT WE ARE FIGHTING THEIR CORNER HARD. IN TURN, HOWEVER, I KNOW THAT YOU WILL MAKE CLEAR TO

THEM THE POLITICAL CONSTRAINTS. THESE ARE NOT OF COURSE AN

ARGUMENT FOR NOT PUSHING HONG KONG'S CASE BUT RATHER AGAINST OVER-

OPTIMISM ABOUT THE FINAL RESULT.

CARRINGTON

LIMITED

HK & GD

NTD

COPIES TO:

HONG KONG GOVT OFFICE, LONDON

FED

SIR E YOUDE

MR ADAMS

MR DONALD

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