TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 52

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SECRET

NEW NATIONALITY LEGISLATION: POSITION OF LOCALLY-ENGAGED CIVIL SERVANTS AND UNOFFICIALS IN HONG KONG

1.

Senior locally-engaged Hong Kong Civil Servants and Unofficial Members of the Executive and Legislative Councils

(UMELCO) wish the Nationality Bill to be amended so as not to exclude the possibility of their eventual naturalisation as British Citizens. They want this provision so that those whose public service under the Crown would make them particularly exposed in the event of a Chinese take-over of Hong Kong would not be left without a satisfactory nationality status and a possible safe haven. They have the Governor's strong support.

2.

Possible solutions range from amendments to the Bill to some

form of assurance by HMG that these people would at the Home

Secretary's discretion be allowed to enter the United Kingdom

in an emergency.

3.

a)

Amendments to the Bill

The preferred Hong Kong solution is to remove the words

'under the government of the United Kingdom' from paragraph 1(3)

of Schedule 1 to the Bill. This would mean that all Crown

Servants in Dependent Territories who met the other requirements

of paragraph♣ 1(1)

of the Schedule would be eligible

to apply for naturalisation as British citizens under the

Bill. This solution would present difficulties. It implies

a very wide category. In the case of Hong Kong, it could be argued to apply to up to 130,000 Crown Servants, Police, etc

(not including dependents). It would enable them at any

time to seek naturalisation as British Citizens (who would have

the right of entry to the United Kingdom after the enactment

of the Bill). Admittedly very few would in practice be granted

naturalisation but the amendment would still be open to attack

in Parliament. This solution would not cover Unofficials.

SECRET

/b)