TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 36

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DESKBY HONG KONG 0900012

DESK BY PEKING 0901OOZ

FM FCO 061845Z FEB 81

TO IMMEDIATE HONG KONG

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TELEGRAM NO 112 OF 6 FEB.

AND TO PEKING.

PERSONAL FOR GOVERNOR FROM YOUDE.

HKK 34011

RECEIVED RORY NO. 51

PTV

9 FEB 1981

DESK OFFICER INDEX

REGISTAY Action Taker

FCO TELNOS 98 AND 99: NEW NATIONALITY LEGISLATION.

PA

218.4

Pay 20

See (55

1. FORD IS REPORTING SEPARATELY ON THE UNOFFICIALS' MEETING TODAY WITH MR WHITELAW, IT SEEMS TO HAVE GONE WELL.

2. BEFORE THE MEETING, LORD CARRINGTON WROTE TO MR WHITELAW PUTTING THE HONG KONG CASE AND SUGGESTING THAT SENIOR OFFICIALS DISCUSS THE PROBLEM. WE NOW NEED TO DECIDE OUR PRIORITIES FOR SUCH DISCUSSIONS (ON THE ASSUMPTION THAT MR WHITELAW AGREES TO THEM). BEFORE WE SUBMIT TO MINISTERS IT WOULD BE HELPFUL TO CLEAR OUR THOUGHTS WITH YOU, AND WITH PERCY CRADOCK SINCE THERE ARE IMPLICATIONS FOR RELATIONS WITH CHINA.

See Hill 204/2

3. I WOULD PROPOSE TO RECOMMEND THAT OUR FIRST PRIORITY SHOULD BE THE SIMPLE REMOVAL OF THE WORDS 'UNDER THE GOVERNMENT OF THE UNITED KINGDOM' FROM SCHEDULE 1 PARAGRAPH 1(3) OF THE BILL. WHILE PROVIDING NO GUARANTEE OF NATURALISATION FOR CROWN SERVANTS IN THE EMPLOY OF DEPENDENT TERRITORIES, THIS WOULD AT LEAST NOT EXCLUDE THEM. IN TERMS OF IMPLICATIONS FOR THE FUTURE OF HONG KONG IT WOULD BE A LOW KEY APPROACH. HOWEVER, THE CHANCES OF SUCH AN AMENDMENT BEING AGREED ARE NOT HIGH. STRONG OPPOSITION COULD BE EXPECTED TO A MOVE WHICH ADDED A LARGE POTENTIAL CATEGORY TO THOSE

ENTITLED TO SEEK NATURALISATION.

4. OUR NEXT PREFERENCE THEREFORE WOULD BE AN ADDITIONAL CLAUSE WITHIN THE BILL, PROBABLY IN SCHEDULE 1 PARAGRAPH 1, GIVING THE HOME SECRETARY DISCRETION TO MAKE SPECIAL PROVISION FOR NATURAL- ISATION FOR PEOPLE IN PUBLIC SERVICE IN ALL DEPENDENT TERRITORIES **IN THE EVENT OF A CHANGE OF STATUS IN SUCH A TERRITORY''. THE MAIN ADVANTAGE OF THIS WOULD BE THAT IT WOULD NOT ENTITLE PEOPLE TO APPLY FOR NATURALISATION IMMEDIATELY ON ENACTMENT OF THE BILL. IF THE TERM 'PUBLIC SERVICE WERE ACCEPTED IT MIGHT ALSO INCLUDE UNOFFICIALS. THE MAIN PROBLEM WOULD BE IN THE WORDS 'CHANGE OF STATUS' WITH THEIR IMPLICATIONS FOR THE FUTURE. DO YOU THINK THIS WOULD BE ACCEPTABLE FROM THE POINT OF VIEW OF CONFIDENCE IN HONG KONG AND RELATIONS WITH CHINA?

5. BOTH THESE OPTIONS WOULD INVOLVE ACTION WITHIN THE BILL, WHICH I UNDERSTAND YOU PREFER. WE MAY HOWEVER NOT GET EITHER. IF WE

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