TNAG-1087-FCO40-1337-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 64

Mr Clift, HK&GD

CONFIDENTIAL

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MICK 340/1

cc Mr Davies, FED

Mr Burns, SEAD

Miss Brooks, Legal Advisers

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BUNDITED 29/10.

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BRITISH NATIONALITY LAW: FUTURE OF HONG KONG

Your minute of 28 October to Mr Davies

3611

paostu

1. I agree that it would be in nobody's interest to embark on a public, or even a semi-private, discussion of what nationality arrangements may be made when Hong Kong ceases to be a colony. On the political side, which is not my sphere at present, there would be unavoidable overtones of contingency planning. On the technical side we should not give undertakings or assurances as to national status which could limit the freedom of action of a future government in circumstances which cannot be predicted.

2. However if the Governor is not deflected we may well have quoted at us the precedent of the Queen's Chinese who retained their citizenship of the United Kingdom and Colonies after Malaysian independence and who will become British Overseas citizens under the new legislation. The parallel with Hong Kong is not a close one in the words of the draft reply from the Home Secretary to the Lord Privy Seal there is no clear analogy. But NTD are looking out the papers now and will suggest points that might be made if the exchange continues and the subject is raised.

3.

FOR MRFRIAR, FOR 5/11

Meanwhile in order not to risk prompting an unsatisfactory discussion it might be as well to leave out the last sentence.s of paragraph 3 of the draft telegram.

29 October 1981

Christophen Houllo

C J Howells

Nationality and Treaty Department

CONFIDENTIAL