TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 132

GRS 400

CONFIDENTAL

CONFIDENTIAL

FM HONG KONG 171052Z MAR 81

TO IMMEDIATE FCO

TELEGRAM NUMBER 296 OF 17 MARCH

INFO PRIORITY HONG KONG GOVT OFFICE LONDON, PEKING.

Hier 3401,

RECEIVED IN PERRY HA 1 8 MAR 1981

DESK OFFICER INDEX

(149)

REGISTRY

PA

Action ken

160 18/3

See (153

+ (177

+149A

141 YOUR TELNO 236. NATIONALITY BILL.

MY IPT. (48)

ALTHOUGH UNOFFICIALS WERE ENCOURAGED BY PROGRESS MADE AN UNDERLYING

UNEASINESS ABOUT THE IMPLICATIONS OF THIS LEGISLATION REMAINS.

THIS IMMEDIATELY EMERGED WHEN DISCUSSING TUR.

2. UNOFFICIALS MADE THE POINT AGAIN THAT THE CREATION OF CBDT

CITIZENSHIP (HK) DID NOT ALTER THEIR NATIONALITY. AS CITIZENS OF A DEPENDENT TERRITORY THEY ARGUED THAT THEY REMAIN BRITISH NATIONALS BUT WITHOUT RIGHT OF ENTRY OR ABODE IN THE UK. IS THIS CORRECT?

3. COUNCIL WAS CONFUSED BY CONCEPT OF A DT BEING ENABLED TO OPT FOR 'SEPARATE CITIZENSHIP SINCE DT CITIZENSHIP IS MEANINGLESS

UNLESS IT CONFERS RIGHT OF ENTRY AND ABODE TO A SEPARATE TERRITORY.

SO AS FAR AS WE CAN SEE INHABITANTS OF EACH DT WILL IN ANY CASE

HAVE A SEPARATE CITIZENSHIP. WHAT DIFFERENCE WILL SEPARATE CITIZENSHIP MAKE?

4. HONG KONG IS NOT ANXIOUS TO MAKE DIFFICULTIES IN RESPECT OF

PROPOSED FALL-BACK POSITION. HOWEVER THE PROPOSAL HAS CERTAIN IMPLICATIONS FOR HONG KONG, ESPECIALLY IN REGARD TO THE ATTITUDE

OF CHINESE AUTHORITIES, AND THERE IS DANGER THAT QUESTIONS OF APPLICATION HOWEVER INAPPROPRIATE WILL BE TAKEN UP BY MINORITY

GROUPS. IF THEREFORE IT SHOULD BE DECIDED TO GO AHEAD WITH IT

HONG KONG WOULD WISH TO SEE THE FOLLOWING CONDITIONS APPLIED: (I) THAT IT SHOULD BE MADE CLEAR THAT SEPARATE CITIZENSHIP DID NOT

MEAN SEPARATE NATIONALITY, AND ONLY CARRIED WITH IT A RIGHT OF

ENTRY AND ABODE IN A PARTICULAR DEPENDENT TERRITORY (IMPORTANT VIS A VIS PEKING).

(11) IN THE LIGHT OF (1) DEFINITION OF THE DIFFERENCE BETWEEN CITIZENSHIP AND NATIONALITY AND ALSO THE PROPOSED NOMENCLATURE FOR

''SEPARATE'' CITIZENSHIP WOULD BE IMPORTANT AND WOULD NEED TO BE

WRITTEN INTO THE CLAUSE. UNOFFICIALS ASKED IF THEY COULD SEE THESE

DEFINITIONS IN DRAFT. THEY WOULD CERTAINLY NOT WANT CITIZEN

OF BRITISH DEPENDENT TERRITORY OF HK'.

(181A

(111) ON THE OTHER HAND IF SEPARATE CITIZENSHIP INVOLVED RETENTION

OF REFERENCE TO BRITISH NATIONALITY AND WAS NOT OBJECTIONABLE TO PEKING, THEY WOULD CERTAINLY WISH TO OPT FOR IT. NOMENCLATURE

THEN MIGHT BE EITHER ** BRITISH NATIONAL: HONG KONG CITIZEN'' OR ''BRITISH NATIONAL: CITIZEN OF HONG KONG " OR "BRITISH NATIONAL: CBDT (HONG KONG)''.

/(N) IF ONE

CONFIDENTAL