TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 158

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RECEIVED MY RO. SI 49 YPO. ST 26 MAY 1981

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FM HONG KONG 220924Z MAY 81

TO PRIORITY F C O

TELEGRAM NUMBER 521 OF 22 MAY

1. THE SENIOR MEMBERS OF EXCO AND LEGCO HAVE ASKED ME TO TELEGRAPH THE FOLLOWING LETTER TO THE SECRETARY OF STATE. ORIGINAL BY BAG.

DEAR LORD CARRINGTON,

BRITISH NATIONALITY BILL 1981

See

ON BEHALF OF MY UNOFFICIAL COLLEAGUES, I WRITE TO EXPRESS OUR GROWING CONCERN ABOUT THE UNCERTAINTY OF OUR NATIONAL IDENTITY. WHILST APPRECIATING THE AMENDMENT INTRODUCED TO CLAUSE 4 OF THE DRAFT BILL, TO PERMIT HONG KONG BRITISH SUBJECTS TO OBTAIN BRITISH CITIZENSHIP BY REGISTRATION RATHER THAN NATURALISATION, THE RETENTION OF BRITISH NATIONAL STATUS IS A MATTER OF PARAMOUNT IMPORTANCE TO US. AN EXPLANATION OF THE STRONG LEGAL AND PRACTICAL REASONS FOR NOT DEFINING ''BRITISH NATIONAL STATUS UNDER THE BILL IS STILL AWAITED.

IT IS UNDERSTOOD THAT THE GOVERNOR OF HONG KONG HAS PROPOSED A NEW CLAUSE WHICH WOULD PUT THE POSITION BEYOND DOUBT. IT WOULD PROVIDE THAT ANY PERSON WHO IS A BRITISH CITIZEN, A CITIZEN OF THE BRITISH DEPENDENT TERRITORIES, A BRITISH OVERSEAS CITIZEN, A BRITISH

SUBJECT UNDER THE ACT OR A BRITISH PROTECTED PERSON IS, WHILE REMAINING A CITIZEN, SUBJECT OR PERSON OF THAT DESCRIPTION, A BRITISH NATIONAL. HOWEVER, WE NOTE THE BILL WILL SHORTLY RETURN TO THE FLOOR OF THE HOUSE OF COMMONS AND IT IS NOT CLEAR WHETHER

HER MAJESTY'S GOVERNMENT IS PREPARED TO INTRODUCE SUCH AN

AMENDMENT.

IT IS PLAINLY EVIDENT FROM MINISTERIAL STATEMENTS AND EXCHANGES IN THE STANDING COMMITTEE, WHICH HAS BEEN CONSIDERING THE BILL, THAT THERE IS BOTH CONFUSION AND MISUNDERSTANDING ABOUT THE INTENT AND IMPLICATIONS OF THE BILL. LEST THERE SHOULD BE ANY DOUBT REGARDING OUR POSITION, WE WOULD LIKE TO MAKE IT CLEAR THAT WE SEEK ONLY TO PRESERVE OUR BRITISH NATIONAL IDENTITY AND THE PROTECTION IMPLICIT IN THAT DESIGNATION. TO THIS END WE MOST STRONGLY

URGE THE INCLUSION OF A NEW CLAUSE IN THE BILL, ON THE LINES

SUGGESTED BY THE GOVERNOR, TO PUT THE POSITION BEYOND DOUBT. WE

WOULD REITERATE THAT WE DO NOT SEEK A RIGHT OF ABODE IN THE U.K.

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