TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 100

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RECEIVES

SECRET

25 MAR 1981

d

FM HONG KONG 201000Z MAR 81

TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE

TELEGRAM NUMBER 311 OF 20 MARCH, 1981

INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON. YOUR TELNO 264: NEW NATIONALITY LAW:

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*.6.486013/2

See (165)

+166

1. WE ARE GRATEFUL FOR THE PROGRESS MADE AND FOR THE OPPORTUNITY

TO COMMENT. WE HOPE THAT IT MAY BE POSSIBLE TO SEE THE FULL TEXT BEFORE FINALISED, BUT BASED ON OUR UNDERSTANDING OF THE PROPOSALS OUR COMMENTS ARE SET OUT IN THE FOLLOWING PARAGRAPHS.

2. YOUR PARA 1(B): WE ASSUME THAT THE REQUIRMENTS ARE DRAFTED

IN EXACTLY THE SAME WORDS AS THOSE IN PRESENT SCHEDULE 1 PARA 1(2).

CAN YOU CONFIRM?

3. YOUR PARA 1(C): WE AGREE THAT PARAGRAPH 2(B) CAN BE OMITTED PROVIDED PARA. 9(1) OF PRESENT SCHEDULE WILL NOT APPLY TO THE NEW

CLAUSE. WE AGREE THAT PARA. 2(E) IS IRRELEVANT.

4. YOUR PARA 1(D):

(A) ON OUR READING OF THE PROPOSAL A CBDT SERVING UNDER THE GOVERNMENT OF A DEPENDENT TERRITORY ETC., APPEARS TO BE IN A LESS

GENEROUS POSITION THAN AN ALIEN SERVING IN AN EMBASSY, FOR EXAMPLE, WHO IS COVERED BY PARA. 1(3) OF PRESENT SCHEDULE 1. HOWEVER, PROVIDED THE POINTS MADE IN PARA. 4(B) AND (C) BELOW ARE AGREED, DRAFT SUB-SECTIONS (4) AND (5) MEET OUR REQUIREMENTS FOR CROWN

SERVICE.

(B) WE AGREE THAT PEOPLE WHO HAD RETIRED MUST NOT BE EXCLUDED FROM

THE PROVISIONS OF DRAFT SUB-SECTIONS (4) AND (5) AND THEREFORE SUPPORT YOUR PROPOSAL THAT DRAFT SUB-SECTION (4) SHOULD BE AMENDED

TO COVER SUCH PERSONS.

(C) WE ARE NOT CLEAR WHY THE PHRASE ''OUTSIDE THE UNITED KINGDOM'' IS IN SQUARE BRACKETS. THERE ARE PERSONS, FOR INSTANCE, SERVING UNDER THE GOVERNMENT OF A DEPENDENT TERRITORY BUT WHO ARE IN THE U.K.,E.G. HONG KONG CROWN SERVANTS IN OUR LONDON OFFICE AND THESE MUST BE INCLUDED. ACCORDINGLY WE SUGGEST THE INSERTION OF THE WORDS ''INSIDE AND OUTSIDE THE UNITED KINGDOM'' AFTER THE WORD ''SERVING'' AND THE DELETION OF THE SQUARE BRACKETS.

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1168)

MACLEHOSE

LIMITED

HK & GD

NTD

PS/MR BLAKER PS/MR LUCE

PS/MR RIDLEY PS/PUS

SIR E YOUDE

COPIES TO:

HONG KONG GOVT OFFICE

MR DONALD

MR ADAMS

SECRET