TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 8

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Mr Adams

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66A

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Mr Donald

NEW NATIONALITY LEGISLATION

pr. 8/2

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(EE)

Mr Jones, NTD

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Mr Rushford Legal Dep Sir Youdermy NO. 51 Head SEFEB 1981

Head SAD

DESK OPACER

INDEX

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PA

$5.4.

REGISTRY

Action Take:

PGD 815-

1. Hong Kong Telno 129 (attached) comments on the Chief Clerk Telno 121 of 9 February.

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2. Paragraph 3 concerns briefing to be given to Ministers for the Committee stage of the Bill on the question of separate citizenship for Dependent Territories. Action is being taken separately on this.

3. In the rest of the telegram, the Governor gives his views on the options which might be pursued with the Home Office on the assumption that Mr Whitelaw agrees to official talks. The Chief Clerk would like to see a draft reply, to be sent to Hong Kong in the hope of getting a line finally agreed with the Governor by the end of this week. Sir E Youde suggested that you and Mr Adams should hold a meeting with NTD, HKGD and Legal Advisers to work this out. You may wish to suggest a time for the meeting.

4.

The Chief Clerk's preliminary view was that, of the Governor's suggestions, that in paragraph 8 might be the most feasible. This would involve a new sub-paragraph F widening the scope of Crown Service without any amendments to Schedule 1 Paragraph 1(3).

5. If this is not a starter I suggest that we revert to the idea of a simple amendment to Paragraph 1(3). This is more likely to appeal now because, in Mr Rushford's view, 'Crown Service' must include members of the Legislative and Executive Councils. I attach a copy of his opinion.

6.

I would be against the additional deletion proposed in paragraph 6 of Hong Kong Telno 129. The concept which the Governor envisages is a very complicated one; it would be extremely difficult for Ministers to explain in committee without fairly explicit reference to the China angle. The Governor is very reluctant for that to be done.

(66)

7. As regards Paragraph 11 of Hong Kong Telno 129, I think we should for presentational purposes be prepared to put Hong Kong's formula to the Home Office. However I think it very unlikely that this would be acceptable, because it would give the Home Secretary very wide discretion.

8.

In addition to those mentioned in paragraph 3 above, I am copying this to the Heads of SED and SAmD who may wish to comment in the light of the interests of Gibraltar and the Falkland Islands.

10 February 1981

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Duin

R D Clift

Hong Kong & General Department

We have now discussed and telepon is bely drafted. And 11/2

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