TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 142

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CONFIDENTIAL

4. WE HAVE MAINTAINED FROM THE OUTSET A PREFERENCE FOR NO CHANGE

THE STATUS OF HONG KONG'S BRITISH SUBJECTS. THE WHITE PAPER ENTI, BRITISH NATIONALITY LAW: OUTLINE OF PROPOSED LEGISLATION, PUBLISHED IN JULY 1982, INTRODUCED A FRESH CATEGORY OF BRITISH CITIZENSHIP, NAMELY, CITIZENS OF BRITISH DEPENDENT TERRITORIES. IT ALSO RENEWED

THE ASSURANCE GIVEN BY HER MAJESTY'S GOVERNMENT THAT THERE WOULD BE NO CHANGE IN THE RELATIONSHIP BETWEEN BRITISH DEPENDENT TERRITORIES AND THE UNITED KINGDOM (WP 16) -

''16. THE ESTABLISHMENT OF A SEPARATE CITIZENSHIP FOR THE BRITISH DEPENDENT TERRITORIES WOULD IN NO WAY ALTER THE RELATIONSHIP BETWEEN THOSE TERRITORIES AND THE UNITED KINGDOM, NOR THE GOVERNMENT'S OBLIGATIONS AND COMMITMENTS TO THE DEPENDENT

TERRITORIES AND TO THEIR CITIZENS.''

5. THE ASSURANCES GIVEN BY H.M.G. IN 1977 AND IN THE WHITE PAPER IN 1988 HAVE BEEN REPEATED, BOTH PRIVATELY AND PUBLICLY, BY GOVERNMENT OFFICIALS AND BY MINISTERS OF THE CROWN IN LONDON. IT WAS CUR CLEAR UNDERSTANDING THAT ANY LEGISLATIVE MEASURES ARISING

FROM THE WHITE PAPER WHICH WERE DESIGNED TO EXCLUDE US FROM THE

CATEGORY OF BRITISH CITIZENSHIP WOULD IN NO WAY ERODE ANY OF THE

EXISTING RIGHTS OF HONG KONG BRITISH SUBJECTS.

6. AT THEIR RECENT MEETINGS WITH THE FOREIGN SECRETARY (THE RT. HON.

LORD CARRINGTON) AND THE HOME SECRETARY (THE RT. HON, WILLIAM WHITELAW) IN LONDON ON 2ND AND 6TH FEBRUARY 1981 RESPECTIVELY, THE TWO SENIOR UNOFFICIAL MEMBERS OF EXECUTIVE AND LEGISLATIVE

COUNCILS WERE REASSURED THAT THERE WAS NO INTENTION TO ALTER IN

ANY WAY THE UK'S RELATIONSHIP WITH HONG KONG. IT WAS EXPLAINED THERE HAD BEEN INSUFFICIENT TIME TO STUDY THE BILL IN HONG KONG

AND TO ASSESS ITS IMPLICATIONS. THE TWO SENIOR UNOFFICIAL MEMBERS

SAID THE BILL WOULD BE STUDIED CLOSELY AND EXPRESSED THE HOPE THAT

THE DOOR WOULD NOT BE CLOSED TO FURTHER REPRESENTATIONS. THE HOME

SECRETARY GAVE THIS ASSURANCE.

7. AN EXAMINATION OF THE BILL IDENTIFIES AT LEAST TWO SPECIFIC AREAS

WHERE THE RIGHTS OF HONG KONG BRITISH SUBJECTS ARE DIRECTLY AND

ADVERSELY AFFECTED BY ITS PROVISIONS. THESE ARE ENUMERATED

BELOW I-

(1) AT PRESENT, A HONG KONG CUKC MAY ESTABLISH A RIGHT OF

ABODE IN THE UNITED KINGDOM BY RESIDING IN THE U.K. FOR A

PERIOD OF FIVE YEARS. NATURALISATION IS UNNECESSARY.

(11) HONG KONG BRITISH SUBJECTS AT PRESENT TERMED CITIZENS

OF THE UNITED KINGDOM AND COLONIES ARE TO BECOME CITIZENS OF

BRITISH DEPENDENT TERRITORIES. CITIZENSHIP OF THE UNITED

KINGDOM WHICH IS IMPLICIT IN THE FORMER TITLE IS NOT REFLECTED

IN THE TITLE CITIZEN OF A BRITISH DEPENDENT TERRITORY.

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/THESE RIGHTS