TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 22

133

SECRET

HKK 340/1

RECEIVED NOY MO. 51 16 MAR 1981

DECK OLIVER

MEETING BETWEEN THE SECRETARY OF STATE AND THE GOVERNOR OFA HONG KONG : 10 MARCH 1981

Present:

The Rt Hon The Lord Carrington

KCMG MC

Mr Peter Blaker MP Mr Richard Luce MP

Mr A E Donald CMG

Mr W J Adams CMG

Mr G C H Walden CMG

Mr R D Clift

Mr R MJ Lyne

ملل

REGISTRY

Action Taken

4107.

PGO 3013

Sir Murray MacLehose

GBE KCMG KCVO

Mr D R Ford MVO OBE

See (135) +(137

NEW NATIONALITY LEGISLATION

1.

Sir M MacLehose said that he could understand why the Home Office were fed up at Hong Kong Unofficials reverting to the fundamental question of citizenship when they had, at their own request, been given the third category of citizenship for the Dependent Territories. The problem, however, was that they had reluctantly acquiesced in the principles of the Green and White Papers on the understanding that the actual Bill would be neutral as regards its practical effect on people from Hong Kong. However, when they examined the Bill they found that it was not neutral and they regarded it as another step in the series of encroachments on their position which had started with the Immigration Act of 1962. One example of change was that in future a Hong Kong British Passport holder would lose the right of registration as a UK belonger after 5 years' residence in this country. Under the new rules he would have to seek naturalisation in the same way as an alien.

2.

Lord Carrington asked how the Home Office defended this situation. Mr Donald said that their only defence was that already people from Hong Kong had to obtain entry to the UK before starting their 5 years' residence qualification. Sir M MacLehose said that the Home Office had not realised the implications. They were important to Hong Kong although only about 200 people a year were involved. It was as a result of these practical changes that Hong Kong Unofficials and others had once again become suspicious of the whole purpose of the Bill and reverted to their demands on nomenclature.

3. Lord Carrington asked whether Hong Kong could be satisfied if the practical inequities were removed. Mr Luce said that much would depend on the Home Office. It should be possible to get concessions from them if these were applied consistently to all Dependent Territories. Lord Carrington said that he had great sympathy with Hong Kong's position. It was necessary to remove any suggestion that we had been acting in bad faith. He asked about the position of Crown Servants in Hong Kong. Sir M MacLehose said that their position was different in that previously the question of naturalisation had not arisen. Lord Carrington asked if it would be possible to restore the position to them under the 1962

Immigration Act. Sir M LacLehose said that the aim was to show that the door was not closed on such people acquiring British Citizenship.

SECRET

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