TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 223

Mr Adams

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HIK 340/1 RECEIVED PROTRY NO. 51 * - MAR 1981

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INDEX

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PAGISTRY

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Will the Home

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NATIONALITY BILL: HONG KONG

1.

The following notes cover points which I have made orally from time to time.

office allow us

general declarutu

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2.

3.

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large numbers'

•

1.

Confidence

The Governor has based all his pleas for statutory provisions in the Bill on the need for maintaining confidence. It is therefore essential that no application made under any provision that could be mache could be unexpectedly refused. Nothing would, I imagine, be more destructive of confidence than that. It is therefore esential, in my view, for there to be no uncertainly in anyone's mind about who would and who would not be covered by any provision in the Bill (which would probably not be restricted to particular categories) nor in what circumstances the provision would be used.

Assurances

I find it inconceivable that a statutory provision in broad terms would suffice eg to meet the petition of the administrative officers. They would surely ask for an assurance that any provision would in fact be used to benefit them in whatever circumstances. Here again the

question is to whom the assurance is to apply and what is to be said to the remainder.

Administrative arrangements

In early telegrams the Governor wrote in terms of having power himself to naturalise as British citizens. There is no provision in the Bill which would allow the Secretary of State to give the Governor such discretion. I find it difficult to imagine that the Home Office would contemplate giving the Governor such discretion, and I can think of no reason for so doing that the Goverment could advance apart from the 'panic situation' need. Those expecting to benefit by this provision would therefore know that their applications would have to be made to the Home Office; that the waiting time for an application is at present about two years; and since they want naturalisation by way of reassurance and in large numbers - I have no doubt that they would argue that their applications would have to be put in some years in advance of any possible emergency. If they are not granted quickly their confidence is undermined: if it is granted quickly they might well leave Hong Kong early.

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