CONFIDENTIAL
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It was important not to categorise groups of people too precisely. People in the Executive and Legislative Councils would, of course, be covered. Mr Whitelaw asked about the danger of the fact coming out publicly that a special case had been made for Hong Kong. Would this not give publicity to the idea that an escape route was being provided? Sir M MacLehose said that he was not talking about an Armageddon situation. It was a matter of clearing up the inconsistency of providing for employees of the United Kingdom Government but excluding those who served the Crown through the Governments of Dependent Territories. Mr Woodfield asked in what circumstances the people concerned would come to the United Kingdom. Sir M MacLehose said that some but only a trickle would be retired people. For others the decision would depend upon relations with China. But in fact it would be in the interests of all including China that the Hong Kong administration should be kept in being. There was no real risk of a major outflow and in any case control could be exercised through the Home Secretary's discretion. Mr Raison said that to provide for retired people would change the nature of the provision. Sir M MacLehose said that it would be misleading to concentrate on the concept of retirement. What was needed was to remove the sense of exclusion from those people who felt with justification that they should be looked after. Mr Raison said that it would be best to try and limit the provisions to a crisis situation. Sir M MacLehose said that the problem was one of drafting, but it would be better to concentrate on provisions to provide for individual cases on their merits; no category should be specifically excluded.
Mr Whitelaw said that it was important that the door should not be opened too widely. He was worried about the burden on future Governors who would have to advise the Home Secretary on decisions on applications for naturalisation. Sir M MacLehose said that the problem for the Governor was acceptable. When the Senior Administrative Officers in Hong Kong had put a petition to him he had asked them whether they would be likely to apply for naturalisation straight away. They had explained that this was not their concern. They saw no crisis coming. What worried them was the effect on morale and recruitment if their specific exclusion under the Bill. Their requests would be met if the exclusion was removed.
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Mr Whitelaw said that he would try to meet Hong Kong's requirements. There would be serious drafting difficulties and he could not promise what would be agreed. Sir M MacLehose said that if he did not get reassurance on the Crown Servant point he would be personally in a very serious position. Mr Raison asked again whether the provision for Hong Kong could not be a crisis clause. Would this be acceptable in Hong Kong? Mr Woodfield said that a similar problem had arisen over Rhodesia when it had been found very difficult to envisage operation of such a provision in practice. Sir M MacLehose said that he thought that Mr Raison was putting the problem too starkly. What was important was that the people concerned should know that they were not excluded; this would be only right and would reassure them in time of tension. If something on these lines could not be provided, Hong Kong could become ungovernable. Mr Raison said that it should be possible to accept a reference to an 'exceptional' situation. Sir M MacLehose
/said
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