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3
I need not laborate
on
the risk to Tonything's nespenty as
ino comment
sable if exfilence
neve to
nemble.
Jscyphoi
ains to with the objection if
DSR 11C
fried, and wil/negotiate a final arrangement which will
protect those interests.
Confidence in HMG in Hong Kong has
been more badly shaken by the Nationality Act than by anything
else. The Act is regarded as racial, and
-
justifiably
we have been seen to be distancing ourselves from the Hong
Kong people by separating out British Citizens from those
under the umbrella terms CUKC and British subject. Whether
we think the view valid or not, The question of national status
is inextricably linked in the eyes of responsible people in
Hong Kong with the future of the territory.
This was made
clear once again with some force by the Hong Kong Councillors
when they met
Belstead on 7 September.
Nothin
They did not
expect the right of abode in Britain but they suspect the
erosion of 'Britishness' which they see in the separate status
of BDTC. One of their principal interests is protection
in third countries and they want to be able to write 'British'
on immigration forms when travelling. It is for this
purpose that it is entirely appropriate to include the
international status of 'British national' in passports.
In the 4th paragraph of Hyde's letter concern is expressed
that to do so would make it more difficult to apply our
immigration controls if something went wrong in Hong Kong
and people left in large numbers. I am advised that there
is considerable legal uncertainty as to the extent of any
obligation on States to give their nationals the right of abode
right in their territory, in contrast to the fact that the obligation
to protect them while overseas is generally agreed internation-
ally. In any case such obligations are unenforceable by legal
action; and in this connection I am advised that the applica-
tion of the term 'British national' to all BNA 1981 categories
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