TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 134

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AMENDED DISTRIBUTION 3 MARCH

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FM HONG KONG 0308372 MAR 81

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TELEGRAM NUMBER 228 OF 3 MARCH

INFO HONG KONG GOVERNMENT OFFICE LONDON

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MY TELEGRAMS 223, 224 AND 225 OF 2 MARCH: NATIONALLIY KLDI HICER

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EXECUTIVE COUNCIL HAS AGREED THAT I SHOULD COME TO LONDON 93. PLANNED WITHOUT UNOFFICIALS AT THIS STAGE. COUNCIL HAS ALSO AG THAT I SHOULD LET YOU HAVE ADVANCE NOTICE OF THE AMENDMENTS WHICH HONG KONG WOULD WISH TO SEE MADE TO THE BILL. I AM THEREFORE SENDING YOU BY BAG NO. A24 LEAVING TODAY A COPY OF EXCO MEMORANDUM XCC(81)20. THESE AMENDMENTS REFLECT THE GENERAL POINTS OF PRINCIPLE SET OUT IN SIR S.Y. CHUNG'S LETTER.

iOZA

2. UNOFFICIALS ARE ADAMANT ON PRESERVING THE EXISTING POSITION WHEREBY A HONG KONG CUKC ACQUIRES THE RIGHT OF ABODE IN UK AFTER FIVE YEARS RESIDENCE THERE. THEY ARE PREPARED TO ACCEPT A PROCESS OF REGISTRATION FOR THIS PURPOSE PROVIDED IT ISS AN ENTITLEMENT, BUT ARE TOTALLY OPPOSED TO NATURALISATION BECAUSE OF THE CONSTITUTIONAL AND PRACTICAL EROSION IT WOULD REPRESENT. THEY WISH STRONGLY TO SECURE THE AMENDMENT PROPOSED IN ANNEX DDD TO THE EXCO MEMO. THEY ARE PREPARED WITH RELUCTANCE TO CONSIDER ANNEX EEE AS A FALLBACK BUT ARE TOTALLY OPPOSED TO ANNEX FFF.

3. THEY ALSO WISH TO RETAIN, FOR HONG KONG CUKC WOMEN MARRIED TO BRITISH MEN, THE EXISTING ENTITLEMENT TO BE REGISTERED AS BRITISH CITIZENS. THIS WOULD BE ACHIEVED BY THE AMENDMENT TO CLAUSE 4, AND THE ADDITIONAL CLAUSE 4A, SET OUT IN ANNEX GGG TO THE EXCO MEMO. IN THIS CONNECTION THE FOLLOWING POINTS SHOULD BE NOTED:

(A) THE PROPOSED AMENDMENT AND ADDITION COVER HUSBANDS AS WELL AS WIVES SOLELY BECAUSE OF HMG'S CONCERN ABOUT SEXUAL

EQUALITY: AS FAR AS EXCO IS CONCERNED THE IMPORTANT THING IS TO PRESERVE THE EXISTING RIGHT OF HONG KONG CUKC WIVES OF BRITISH

CITIZENS,.

(B) ANNEX GGG ALSO PROPOSES AMENDMENTS AND ADDITIONS TO CLAUSE 16 AND SCHEDULE 1 PARAGRAPHS 7 AND 8, BUT AS NO EROSIONS OF THE

EXISTING RIGHTS OF HONG KONG CUKCS ARE INVOLVED EXCO HAS DECIDED

NOT TO PURSUE THESE.

4. AS REGARDS UNOFFICIALS AND OFFICIALS IN CROWN SERVICE, EXCO WOULD PREFER TO SEE REGISTRATION INSTEAD OF NATURALISATION BUT ARE NOT SO VEHEMENTLY OPPOSED TO THE LATTER ON THE GROUNDS THAT NO EROSION OF AN EXISTING RIGHT IS INVOLVED. THEY ARE THEREFORE PREPARED TO STICK TO THE AMENDMENTS SET OUT IN ANNEX HHH TO THE EXCO MEMO (1.E. THE SAME AMENDMENTS AS THOSE PUT FORWARD IN PARAS 6-8 OF MY TEL NO 129 OF 10 FEBRUARY)

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