TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 20

+

ALSO AT HKK 026/2

OO HONG KONG DESKBY 302359Z

GRS 671

CONFIDENTIAL

DESKBY 302359Z

FM FCO 301800 MAR 81

CONFIDENTIAL

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 314 OF 30 MARCH

PERSONAL FOR PRIVATE SECRETARY

FROM CLIFT

see (176

193)

Hick 340/1

RECEIVED SEXY RO. 51

-4d8APR 1981

DESK OLACLA

INDEX

مل

PA

AWOSTAY Action Taken

$6504

ا اذا

192

HONG KONG TELNO 351: MEETING WITH SIR SY CHUNG

1. WE ARE AWARE THAT HONG KONG BRITISH PASSPORT HOLDERS (I.E.

NOW DESCRIBED AS CUKCS) ALREADY HAVE CONSIDERABLE DIFFICULTY

IN GETTING ENTRY TO SOME COUNTRIES (E.G. WEST GERMANY). THIS

ARISES NOT FROM THE DEFINITION OF THEIR STATUS, BUT FROM THE FACT

THAT THEY DO NOT HAVE AUTOMATIC RIGHT OF ENTRY OR ABODE IN THE

UK: HENCE FOREIGN IMMIGRATION OFFICIALS CLAIM THERE ARE DOUBTS

ABOUT THEIR RETURNABILITY TO A COUNTRY THAT WILL ACCEPT THEM.

WE THEREFORE DO NOT AGREE THAT THE BILL IN ITSELF WILL MAKE LIFE

MORE DIFFICULT FOR CBDTS TRAVELLING OVERSEAS, OR THAT CITIZEN-

SHIP OF THE BRITISH DEPENDENT TERRITORIES WILL BE MEANINGLESS TO

A FOREIGN IMMIGRATION OFFICER, OR THAT (BY IMPLICATION) WHAT HE

IS PRIMARILY INTERESTED IN IS WHETHER A PERSON IS A 'NATIONAL'

OF A STATE IN THE SENSE THAT THAT STATE MAY BE ENTITLED TO SEEK

TO REPRESENT HIS INTERESTS ON THE INTERNATIONAL PLANE.

2. WE HAVE TO BEAR IN MIND THAT THE TERM 'NATIONAL', IF USED,

COULD NOT BE RESTRICTED TO CBDTS. IT WOULD ALSO NEED TO BE USED

FOR BRITISH OVERSEAS CITIZENS, BRITISH SUBJECTS WITHOUT CITIZEN-

SHIP, BRITISH PROTECTED PERSONS AS WELL AS BRITISH CITIZENS.

FURTHERMORE, THE TERM IN INTERNATIONAL LAW SHOULD MORE PROPERLY

BE 'UK NATIONAL' AND NOT 'BRITISH NATIONAL'. TO INTRODUCE THIS

TERM AS AN UMBRELLA TITLE COVERING ALL THESE VARIOUS CATEGORIES

WOULD BE TO NULLIFY WHAT IS A PRINCIPAL OBJECTIVE OF THE BILL,

NAMELY, TO USE TITLES WHICH AVOID GIVING THE IMPRESSION THAT A

PERSON MIGHT HAVE RIGHTS IN THE UK, PARTICULARLY THE RIGHT OF

ABODE. THERE IS ALREADY CONSIDERABLE DISPUTE NATIONALLY AND

INTERNATIONALLY WHETHER AT LEAST SOME BRITISH OVERSEAS CITIZENS

1

CONFIDENTIAL

See (220)

246