TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 130

CONFIDENTIAL

Mr Howells

Nationality & Treaty Department

(CL 537)

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ник 3401/

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SEP 1981

DESK OFFICER

INDEX

PA

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14.00-

BIOSTRY

Action Taken

(362

BRITISH NATIONALITY BILL

1.

•

I understand that Mr Adams will call a meeting later this week to discuss the line which we should take with the Home Office if the Gibraltar amendment is allowed to remain in the Bill. It may. be helpful if I rehearse some of the options, taking account particularly of the Hong Kong position.

2.

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Whether or not HMG press for a reversal of the Gibraltar amendment, up to the final point of reconsideration by the Commons, its retention would cause Hong Kong to revive their demands for some concession aimed at reemphasising the 'Britishness' of Citizens of the British Dependent Territories (CBDTs). This reaction would be strengthened if the Falkland Islands obtained some similar concession to that given to Gibraltar.

3.

People in Hong Kong, and particularly the Unofficial Members of the Executive and Legislative Councils (UMELCO) are of course alive to the political realities in the UK. Although they dislike the Bill they have recognised its inevitability and know that CUKC must go.

Moreover - and this cannot be emphasised strongly enough they are not asking for equivalent rights to those expected by Gibraltar; in particular they do not demand a right of entry to the UK.

What does interest them is a clearer expression in the Bill of the relationship between the Dependent Territories and the UK. This is not a matter of wounded pride or an attempt somehow to prejudge the position if the Chinese were to take over Hong Kong. People in Hong Kong are concerned with political realities now. Among these the question of HMG's commitment to and support for Hong Kong is a major factor in maintaining confidence within the Territory. Hong Kong's desire for a clearer statement of their

'Britishness' is thus neither a mere question of psychology nor an exaggerated demand. In addition to the major political point, Hong Kong hope that reemphasising their 'Britishness' will help travellers from the Territory to avoid difficulties in third countries.

4.

While the Home Office will argue that concessions have already been made to Hong Kong, the fact is that the Gibraltar amendment, by differentiating between CBDTs, has revived concern in the Territory. It would be wrong to suppose that HMG could simply get away with reminding Hong Kong of its previous opposition to the Gibraltar amendment and arguing that no concessions at all were necessary. I realise, however, that there are serious con- straints both in terms of political opinion and parliamentary procedurees which make concessions very difficult. Hence the need for contingency planning.

CONFIDENTIAL

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