TNAG-1190-FCO40-1492-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 112

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A

Lord Gordon Lennox

ce to:-

Mr Clift, HKGD

Mr Partridge, MVD

CONFIDENTIAL COVERING SECRET

Mr Freeland, Legal Advisers

Mr Rushford, Legal Advisers

Mr Ceurvorst, WED

PROPOSAL BY HONG KONG TO DESCRIBE BRITISH DEPENDENT TERRITORIES CITIZENS AS 'BRITISH NATIONALS' IN PASSPORTS

ecord

1. The attached Submission recommends that the Secretary of State should press Mr Whitelaw to agree partly to meeting this Hong Kong proposal. The proposal is that the status 'British national', which under international law indicates the right to protection etc, should be inserted in the passport in addition to the description of the holder as a BDTC, which Hong Kong claim is meaningless in international law.

2. At a meeting here on 11 August between the Hong Kong Attorney- ttac ttached) General and FCO and HO legal advisers, the UK legal advisers conceded

that there was no legal objection to the inclusion in passports of nationality status in addition to citizenship status but warned of possible legal and administrative complications particularly in the immigration field. For the Home Office Mr Addison warned of wider policy issues and reserved HO Ministers' position. The issue became very urgent in view of the visit of Hong Kong Councillors who will be seeing the Prime Minister on 8 September, but HKGD has now decided to brief Lord Belstead to tell the Councillors tomorrow that the question is under consideration. Nevertheless these papers ought to reach Ministers at the earliest opportunity.

3.

Mr Hyde's letter (Flag B of Submission) states that Mr Whitelaw is strongly opposed to the Hong Kong proposal. In my first draft of 2 September I supported the Home Office position. However, in view of the important current political implications HKGD urge that NTD should advise the Secretary of State to press the Hong Kong case with the Home Secretary. HKGD wish to put forward a possible modified concession mooted earlier by Miss Brooks (now on leave) with Mr Freeland's concurrence. This would involve amending the Notes at the end of the passport Tather than describing the individual holder's nationality status on page 2 as 'British national'.

On behalf of HKGD and Mr Freeland, Mr Rushford has drafted amendmenis, which might be made to the Notes. He also drafted paragraphs 17-21 of the Submission.

4.

Although typed in final form to save time the revised Submission has not been cleared with HKGD, MVD or WED, I am copying this minute and enclosures to those depts. at the same time as I submit to you. suggest they comment to me and I then let you know whether any

5.

/ amendments

I

CONFIDENTIAL COVERING SECRET