TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 163

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mie12 3401 | CONFIDENTIAL

RECAVID MAY NO. 51

M

? 6 MAY 1981

OLACER

266

INDEX

ملل

PA

REGISTRY

€475.

Action Texas

Pas, 06:

CONFIDENTIAL

11613

1

264

00 HONG KONG DESKBY 2200100Z

GRS 1005

CONFIDENTIAL

DESKBY 220100Z

FM FCO 211900Z MAY 81

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 482 OF 21 MAY

FOR GOVERNOR FROM DONALD

YOUR TELNO 511: NATIONALITY BILL

1.

270

See (1-75-)

See(270

See HIR 204/2 (23) 1981

THE HOME SECRETARY DID INDEED TURN DOWN THE PROPOSAL FOR

A CLAUSE IN THE BILL STATING THAT CBDTS ETC REMAIN BRITISH

NATIONALS BECAUSE HE SAW INSUPERABLE OBJECTIONS. HE POINTED OUT

THAT, AS MR LUCE CONFIRMED IN COMMITTEE, CBDTS WOULD BE BRITISH

NATIONALS IN THAT HMG WOULD REPRESENT THEIR INTERESTS INTER-

NATIONALLY. MR WHITELAW ADDED THAT THERE WAS NO UNANIMITY (EG

AMONG INTERNATIONAL LAWYERS AND AUTHORITIES) ON WHAT OTHER

RIGHTS/OBLIGATIONS EXISTED BETWEEN A STATE AND ITS NATIONALS,

SUCH A PROVISION AS SUGGESTED IN YOUR TELNOS 443 AND 444 WOULD

CAUSE ENORMOUS CONFUSION AND UNDERMINE THE BILL'S MAIN PURPOSE

WHICH IS TO INDICATE WHO BELONGS WHERE. THIS WOULD BE SERIOUSLY

ERODED IF ALL CITIZENSHIPS WERE BROUGHT BACK UNDER ONE UMBRELLA.

2.

FOR YOUR OWN INFORMATION, MR WHITELAW WAS ALSO CONCERNED

THAT SUCH A CLAUSE WOULD RAISE VERY AWKWARD QUESTIONS ABOUT

HMG'S DUTIES TO ITS NATIONALS IF THEY WERE EXPELLED FROM THEIR

COUNTRY OF RESIDENCE. HE BELIEVED SUCH A CLAUSE WOULD COMMIT

HMG TO ALL CONCERNED AND TIE ITS HANDS IN AN EMERGENCY. SUCH

QUESTIONS WERE AWKWARD ENOUGH TO HANDLE ALREADY AND THE PROPOSED

NEW CLAUSE WOULD MAKE THEM ALMOST IMPOSSIBLE TO DEAL WITH.

3.

MR WHITELAW CONCLUDED BY SAYING THAT HE DID NOT SEE HOW

UMELCO COULD STILL BELIEVE THEY HAD BEEN SOLD DOWN THE RIVER.

THE BILL HAD ALREADY MET THEIR DEMANDS AND IMPROVED THEIR

POSITION OVER PRESENT LAW. IT HAD NOT BEEN SECURED EASILY.

FOLLOWING THE HOME SECRETARY'S MINUTE AND AFTER CAREFUL

CONSIDERATION BY BOTH OFFICIALS AND MINISTERS OF ALL THE

ARGUMENTS WHICH YOU HAVE GIVEN US IN RECENT WEEKS, THE SECRETARY

OF STATE TAKES THE VIEW THAT IT WOULD BE UNWISE TO CONTINUE TO

4.

234

233

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