TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 75

も

SECRET

- 6

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(vii)

(viii)

is necessary to give a "best guesstimate", it is that as of now there could be, say, 10,000 officials and Unofficials in Hong Kong who would qualify by reason of being particularly at risk. With their immediate families this would put the figure at, say 40,000 people in total if all applied (and if circumstances allowed them to do so). A

note on the question of numbers is attached at Appendix 2.

ExCo considers provision for Crown servants essential. YE should emphasise that Unofficials would have liked to see

registration instead of naturalisation but that, since no erosion of an existing right is involved and since the amendments had

already been put forward, they have been persuaded to accept naturalisation even though they remain of the view that, since naturalisation is a concept which commonly applies to aliens, it is not an accurate reflection of the constitutional position of the dependent territories.

The Home Secretary has argued, in discussion with FCO officials, that it would be difficult to present the case for these amendments in Committee without drawing attention to politically sensitive issues. It is suggested that the case might be structured along the following lines: (1) British nationality law has always

given special recognition to those in

Crown service.

(2) Crown service as defined in the 1948

Act includes service under the

governments of dependent territories,

etc. In terms of constitutional law

the Crown is indivisible.

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