TNAG-1105-FCO40-1355-Detention-of-Hong-Kong-British-passport-holders-in-China-1981 — Page 18

CODE 18. 77

Reference

Mr Morrice

HKGD

HCK 384/2

нак

RECEIVED IN REGISTRY NO. 51

09 APR 1981

DECK OFFICER

PA

INDEX

то

REGISTRY Action Taken

AW 97

قلتها

ра

214

PROTECTION OF HONG KONG BRITISH SUBJECTS IN CHINA

See

1. Please refer to Dr Wilson's letter of 3 February and Mr Atkinson- letter of 23 February to Mr McLaren. I enclose copies of each for ease of reference.

2.

7

On the specific question of

we are awaiting a definitive response from the Chinese MFA (paragraph 2 of Mr Atkinson's letter) and further details from the US Consulate General (paragraph 6 of Dr Wilson's letter). In the meantime, the broader question of policy needs to be considered. As you will see the views of the Embassy in Peking differ in some respects from those of Dr Wilson.

3. You will see that the Chinese appear to have indicated, at least informally, that they accept the right of the Embassy to act on behalf of

We must of course wait for the terms of their formal reply in due course before we can judge to what extent there has been any significant change in the Chinese position. It is unlikely that the Chinese would give blanket acceptance of our right to protect all Hong Kong Chinese in China. It is more probable that they would work on a case by case basis: given

Khmer background, it would be easier for them to accept the argument that he is a special case.

4.

As far as I am aware, it is most unusual for Hong Kong Chinese to travel to China on anything other than the Chinese issued 'return home permit' (hui xiang zheng). I suspect therefore that the question of

the warning about dual nationality which appears at the back of a British passport is not really relevant. In many Chinese documents Hong Kong Chinese travelling in China have implicitly acquiesced in the Chinese definition of them as 'Chinese compatriots' (and as such are of course able to claim certain advantages, eg cheaper travel and accommodation etc). The Embassy confirm that demands for consular assistance from Hong Kong British passport holders have been minimal. There seems no reason to suppose that the strain on the Embassy's manpower resources would increase to any appreciable extent in the future even if it was known that the Embassy has on occasions intervened on behalf of Hong Kong Chinese in China. However, Consular Department will no doubt have views about this.

5.

Another points which needs to be considered is that in paragraph 4 of Mr Atkinson's letter: the question of confidence in Hong Kong about the status of a Hong Kong British passport. You are better placed to comment on whether you think that the point is a valid one.

6.

In paragraph 10 of his letter Dr Wilson draws attention to the implication for any future consular agreement with China. I would be grateful for comments from NTD on this. (There could also be implications in the event of our negotiating a Maritime Agreement which. included Hong Kong and Hong Kong seamen.)

16 March 1981

cc:

Consular Dept)

wit

with references

NTD

17.R. Paul

A R Paul

Far Eastern Department