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not realistic to think that if such a provision existed it could be left dormant until a crisis situation developed. Nor it is realistic to think that whatever is said now, if a provision is included to give confidence in Hong Kong the Governor would find it difficult not to support applications whenever made; and the reaction in Hong Kong and the FCO now leaves no room for doubt what line the FCO would feel obliged to take if the Governor pressed for approval of such applications at any time.
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5. In the case of the Unofficials I find it impossible to believe that they would wait until a late date before applying for British citizenship if the avenue were open to them. It may not be accidental that the Governor, in the telegram No 160 of 18 February referred to above did not mention that applications from Unofficials might be refused or deferred. The desire of the Unofficials for British citizenship is unlikely to be confined to a desire to escape from Hong Kong in an emergency. Surely they could easily obtain permission to settle in the UK and probably many other countries if they chose to do so as people of independent means or businessmen. I feel sure that they want British citizenship now. Is the Governor really not going to worry if an early application from Sir Y K Kan or whoever is rejected?
6.
In my view the only provision that would give the Home Secretary any protection at all against premature applications and in large numbers is one that would only allow the Home Secretary discretion to treat public service, broadly interpreted, in a dependency as a qualifying condition for naturalisation in exceptional circumstances, coupled with an unambiguous policy that this would not be used for officials or unofficials except in a crisis situation. But once the door was unlocked I suspect that there would be unrelenting pressure from Hong Kong to push it open.
7. One final point. I had previously said that the Governor's request for inclusion of a clause saying that the Home Secretary would pay due attention to the so-called constitutional link between CBDTS and the UK considering applications for naturalisation would cover only Crown Servants in Hong Kong (and other dependencies). I see from the latest telegram that I may have missed a point. It would of course also cover Hong Kong citizens resident in the UK who fulfil the statutory residence requirements for naturalisation. I had not thought that this was a
category that was bothering Hong Kong but I may have been wrong. I would not expect the Home Office to agree to any such clause, and it is totally unnecessary. In commenting on this clause earlier the point I had in mind was that such a clause would not in any event benefit the Hong Kong citizen resident in Hong Kong and that is so.
We disasted
His pr. will the 7.0.
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W Jones
гонет
Nationality and Treaty Department
23 February 1981
CONFIDENTIAL
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