TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 185

256

CONFIDENTIAL

2

D,E

257

234

E

UK or British Nationals when a Minister has said in Parliament that

this is the case. We should now therefore consider the fall-back

position.

5.

1256

257

In Hong Kong Telegram Numbers 494 and 495 the Governor has described.

the present position of UMELCO on this issue. In anticipation of the

Home Secretary's reaction, he has suggested a fall-back position which

he believes to be the least that will satisfy UMELCO.This is a statement

in the House assuring CBDTS that they would continue to be British

Nationals and entitled to British protection plus an administrative

agreement that their British nationality be recorded in their passports.

(This was originally put forward as a possible compromise by the

Governor in paragraph 8 of Hong Kong Telegram Number 443). In Hong

Kong Telegram Number 495, the Governor has suggested that, if necessary,

an endorsement could be inserted in passports to qualify a nationality

status of 'British National' or 'UK National' by adding either:

247A

a)

'holder has the right of abode in Hong Kong'; or

b)

6.

'holder has no right of abode in the UK'.

This fall-back position should be acceptable to the Home Secretary

in that it would not lead to the difficulties he sets out in his

minute of 11 May. It would be quite clear that Hong Kong CBDTs had

no right of abode in the UK and that HMG therefore had no new obli-

gations to them in the event of an emergency.

to

7. NTD's view is that the proposal, whether brought into usage

through passport practice or introduced formally in the Bill,

superimpose a collective 'British (or UK) nationality' title linking

certain categories would repeat the error made in the BN Act 1948

from which we have been trying to escape for the last 20 years. The

problems set out in the Home Secretary's minute which its introduction

CONFIDENTIAL

/would