TNAG-1190-FCO40-1492-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 132

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PASSPORTS: HONG KONG

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Note of a meeting held at 3 pm on Friday 11 August in Mr Freeland's office.

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Present:

Mr Griffith

Mr Freeland

Miss Brooks

Mr Pakenham-Walsh:

Mr Addison

Mr McQuade

Mr Howells

Mr Rooney

Attorney General, Hong Kong

Second Legal Adviser SNN3401! (3) HK

Legal Adviser

Home Office Legal Advisers Home Office B4 Division HKGD

NTD NTD

Take

1 Mr Freeland opened the meeting by saying that it had been called as a result of a telegram from the Governor of Hong Kong dated 10 August emphasising the strong feelings of the unofficial Members of the Executive and Legislative Council over the question of citizenship descriptions in Hong Kong passports.

2. The problem centred around the fact that citizenship in passports should match those contained in legislation. Hong Kong wished the title British Dependent Territories citizen to be adjusted in passports to emphasise 'Britishness'. FCO response to this had been that legally this was not possible. However the Hong Kong Attorney-General had now argued that all categories of our citizens are United Kingdom Nationals in international law and as passports operate internationally that national status could be included in a passport in addition to citizenship status. This was quite a different proposition from one put forward by Hong Kong before.

3 Mr Griffiths said that rightly or wrongly the Chinese people of Hong Kong regarded the Nationality Act as racist and aimed against Hong Kong. It was, along with the recent restrictions on students' grants, regarded as another example of Britain distancing itself from the Colony. It was for this reason that UMELCO wished for something in the Hong Kong nassport which" would emphasise the Britishness of the holder, He went on to say that Hong Kong was only asking for what happens now. In existing passports there is a nationality description (British subject) a citizenship description (CUKC) and the holder's immigration status.

4 Mr Pakenham-Walsh agreed that it was not unlawful to describe British Nationals in passports. What had been legally objected to was quite different. Objections to the practice were administrative, particularly in the immigration field. Such descriptions in passports could lead to problems with the Human Rights Courts and for that reason the Home Office wish to get away from proclaiming nationality. Mr Addison said there were wider issues which involved not only BDTCs but all other categories of our nationals. One purpose of the Act was to distinguish the categories. Hong Kong's proposal if accepted would be seen as obscuring the issues. Home Office ministers would have to be consulted.

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