TNAG-1086-FCO40-1336-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 163

347

A

12/20

CONFIDENTIAL

Mr. Clift, Hong Kong & General Dept.

NATIONALITY BILL:

1.

Enka (replies)

HICHA 340/1

13 CCT 108!

DESK OFFICER

ملل

PA

407

2610 P6027/100

CITIZENS OF THE BRITISH DEPENDENT TERRITORIES (CBDTs)

I spoke to you late on Friday evening about your submission of 9 October to PS/LPS, submitting a letter from the LPS to the Home Secretary which, I understand, has now been despatched.

2.

I do not, of course, question anything in the submission or draft letter, which were cleared with all the departments concerned and were in accordance with the Ministerial meeting of 7 October. See /382,

3.

408

Nevertheless, I feel I should put on record my feeling that, at this stage of the game, it is most unlikely to be in the collective FCO interest to push the Home Office into tabling our CBDT clause on Hong Kong's behalf at Lords Third Reading, or indeed at any stage in advance of the Government's attempt to overturn the Gibraltar amendment in the Commons. I cannot imagine a situation in which the prior tabling of a Government amendment in favour of Hong Kong (although it is ostensibly an amendment which benefits all dependent territories) could not fail to weaken our hand with regard to Gibraltar. As soon as such an amendment is tabled by HMG, those who wish to maintain the Gibraltar amendment, and indeed those who would like to propose a further Falkland Islands amendment, will assume that the passage of the CBDT measure will compensate Hong Kong for any concessions given to Gibraltar (or the Falkland Islands), thus undermining Government arguments against such concessions.

4. I feel this more strongly than I did ten days ago, largely because of Lord Trefgarne's success in resisting the Falkland Islands amendment, which makes it all the more vital that we do nothing to weaken the Government's position in reversing the Gibraltar amendment.

5. A new situation would of course arise if HMG failed to reverse the Gibraltar amendment, but as suggested above, I believe we should keep our powder dry until then.

6.

I think we should have an office meeting later this week after the conclusion of the Report Stage in the Lords to consider what advice to give Ministers. Clearly, one factor which we shall have to take into account will be the fate of Lord Geddes' amendment in the remainder of Report Stage this week.

12 October 1981

Copies to:

M. Tillinan for

T

W.J.Adams

PS/LPS PS/Mr. Luce

PS/Lord Trefgarne

Mr. Donald

Mr. Ure

Mr. Fergusson

Mr. Howells/Mr. Jones, NTD

CONFIDENTIAL