TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 251

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5.

WE WOULD ALSO LIKE TO KEEP IN PLAY THE ALTERNATIVE OF DELETION OF THE LAST 7 WORDS OF SCHEDULE 1 PARA 1(3). WE ARE DOUBTFUL ABOUT THE ADDITIONAL AMENDMENT TO PARA 1 (1) (D) (II), SUGGESTED IN YOUR PARAGRAPH 6. THE MORE CHANGES WE SUGGEST, THE GREATER THE RESISTANCE IS LIKELY TO BE. I UNDERSTAND YOUR CONCERN TO ENCOURAGE STABILITY BY PROVIDING AN INCENTIVE FOR CIVIL SERVANTS TO STAY ON AFTER NATURALISATION. BUT I FEAR THIS COULD BE DOUBLE EDGED. THEY COULD RESIGN SHORTLY AFTER NATURALISATION AND THEIR CERTIFICATES WOULD NOT BE REVOKED.

6. THE ARGUMENT FOR A SIMPLE AMENDMENT TO 1(3) IS STRENGTHENED BY OUR LEGAL ADVISER'S VIEW THAT 'CROWN SERVICE' WOULD COVER UNOFFICIALS. CLAUSE 11 OF HONG KONG ROYAL INSTRUCTIONS 1976, AS AMENDED, MAKES CLEAR THAT UNOFFICIAL MEMBERS OF EXCO ARE APPOINTED BY, OR ON THE INSTRUCTIONS OF, THE CROWN. CLAUSE XIII IS SIMILAR IN RESPECT OF THE UNOFFICIAL MEMBERS OF LEGCO. WE ARE ASKING THE HOME OFFICE TO CONFIRM OUR LEGAL ADVISER'S VIEW, AND WILL SUBMIT TO MINISTERS AS SOON AS POSSIBLE.

7. THE PROPOSED AMENDMENT IN PARAGRAPH 11 OF YOUR TELEGRAM UNDER REFERENCE WOULD CAUSE SERIOUS DIFFICULTIES. THERE WOULD BE RESISTANCE IN PARLIAMENT TO SUCH AN IMPRECISE WIDENING OF THE HOME SECRETARY'S DISCRETION, GIVEN THE DIFFICULTY (IF NOT IMPOSSIBILITY) OF DEFINING HOW HE IS TO TAKE THE CONSTITUTIONAL RELATIONSHIP BETWEEN DEPENDENCIES AND THE UK INTO ACCOUNT. I THEREFORE DO NOT BELIEVE THAT IT WOULD BE IN HONG KONG'S INTERESTS TO TRY TO COVER THE CONCERNS OF CRDTS IN LEGISLATION. WE WOULD NEVERTHELESS PROPOSE TO EXPLAIN YOUR CONCERN ON THIS SCORE TO THE HOME OFFICE TO SEE WHETHER THE POINT COULD BE MET BY SOME KIND OF ASSURANCE.

CARRINGTON

LIMITED

HK vGD

NTD

FED

SED

SAD

SIR E YOUDE

MR ADAMS

MA DONALD

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