TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 35

PP HONG KONG

AKK 34011

RESIVA A LOJT 7 MA. 51

30 ADD 100

INDEX

GR 260

мо

334

CONFIDENTIAL

FM FCO 291422Z APR 81

HKG D

Takan,

O DISTRIBUTION

TO PRIORITY HONG KONG

TELEGRAM NUMBER 410 OF 29 APRIL

FOLLOWING RECEIVED FROM HONG KONG GOVERNMENT OFFICE

FOR CHAN FROM FORD

A SHORT COMMENTARY ON YESTERDAY'S COMMITTEE PROCEEDINGS WHICH I ATTENDED MAY BE HELPFUL.

2. HATTERSLEY'S SPEECH FOLLOWED A CONVERSATION HE HAD THAT MORNING WITH ELMER CHU WHO WAS ATTENDING THE COMMITTEE MEETING. MR CHU SPOKE TO SEVERAL MEMBERS OF THE COMMITTEE, DESCRIBING HIMSELF AS 'THE VOICE OF THE PEOPLE OF HONG KONG'' AND CONCENTRATING LARGELY ON WHAT HE DESCRIBED AS LACK OF CONSULTATION. I AM AFRAID HE STILL DOES NOT UNDERSTAND SOME OF THE BASIC ELEMENTS IN THE BILL AND IT HAS BEEN VERY DIFFICULT TO PUT HIM RIGHT IN THE SHORT TIME AVAILABLE. BUT HATTERSLEY'S COMMENTS WERE NOT TAKEN VERY SERIOUSLY BY THE COMM- ITTEE AND YOU WILL NOTE THAT HE QUALIFIED THEM BY SAYING THAT HE DID NOT NECESSARILY ENDORSE THE VIEWS HE WAS EXPRESSING. I DO NOT THERE- FORE THINK ANY DAMAGE WAS DONE.

3. OF MUCH MORE SIGNIFICANCE WAS THE DEBATE ON THE DEFINITION OF QUOTE BRITISH NATIONAL UNQUOTE WHICH TOOK PLACE BETWEEN MR LUCE, ALEX LYON AND MR STANBROOK. I THINK OUR NOTE OF YESTERDAY MAY NOT

HAVE MADE IT CLEAR THAT IT WAS THE TERM BRITISH NATIONAL WHICH WAS

UNDER DISCUSSION RATHER THAN NATIONALITY. MR LUCE DEFINED BRITISH

NATIONAL WITH THE FOREIGN OFFICE WORDING OF SOMEONE WHO HAS THE

PROTECTION OF THE CROWN WHEN TRAVELLING ABROAD. THIS WAS HOTLY

DISPUTED BY LYON QUOTING THE TREATY OF ROME WHICH APPARENTLY DEFINES ''NATIONALS'' AS HAVING THE RIGHT OF ABODE IN THEIR OWN COUNTRY. THIS POINT WAS FURTHER TAKEN UP BY STANBROOK. IT IS A PITY THAT THIS ARGUMENT OVER THE RIGHTS OF NATIONALS HAS ARISEN AT THIS STAGE SINCE I FEAR IT WILL MAKE THE FCO AND THE HOME OFFICE EVEN MORE SENSITIVE THAN THEY ARE NOW OVER THE QUESTION OF INTRODUCING THE CONCEPT OF A UK OR BRITISH NATIONAL INTO THE BILL BY AMENDMENT.

4. I HAVE ASKED FOR A COPY OF MR LUCE'S SPEECH SINCE THE REASSURANCE HE GIVES IN RESPECT OF THE RIGHTS OF CBDT'S BEING UNDIMINISHED BY THE BILL IS HELPFUL AND IT MAY BE THAT YOU COULD MAKE USE OF IT IN HONG KONG.

CARRINGTON

NNNN

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