TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 141

CONFIDENTIAL

Mr Howells

Nationality & Treaty Department

CL 537)

HKR

tale

340/1

VID IN REGISTRY NO. 51

15 SEP 1981

DESK OFFICER

INDEX

OSTRY achon Tako

357

NATIONALITY BILL

1.

attached

من

PA

$1801! RC23/4

Your minute of 11 September. I have two main points. The first is that the arguments in the draft against the Gibraltar amendment turn almost entirely on Hong Kong and the Falkland Islands. I do not dispute their relevance but you may consider it worth

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emphasising that the amendment also strikes at the heart of the (358)

Bill which was intended to match citizenship category to right of abode. If people in Gibraltar or the Falkland Islands, while initially described as CBDTs, have ready access to British Citizen- ship and abode, the previously clear cut differences between categories will be blurred. I suggest therefore that the first point to make be expanded by adding that the Gibraltar amendment not only creates difficulties with other dependencies but undermines the fundamental purpose of the Bill.

2.

My second point concerns the second sentence of paragraph 6c of the Essential Facts. You suggest that 'by the time a decision on Gibraltar was reached in the Commons it would be too late to consider further amendments'. I realise the tactical attractions

in using this argument with the Home Office and the very real constraints on parliamentary time. Nevertheless, I believe that we should not write off the possibility of introducing a simple amendment (having considered it earlier). (I understand the Gibraltar amendment would itself in any case need amending if enacted). Of course, this would be unattractive to the Home Office and would need careful presentation. But we must leave them in no doubt that we could not simply leave the Gibraltar amendment on the books without any compensation for the other dependencies. I shall be minuting to you shortly on how we might deal with this problem (including options for legislative and administrative action), but in the meantime I suggest this sentence be deleted.

3.

I have also suggested a few minor alterations in manuscript on the draft.

14 September 1981

Вир

R D Clift

Hong Kong and General Department

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Mr Culver, SED (W105) Mr Smith, SAmD (K276B)

CONFIDENTIAL