TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 18

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

pr people in Hong Kong.

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4

It was conceded by the Home Office and FCO Legal

Advisers at a meeting on 11 August with the Hong Kong

Attorney General that there could be no legal objection

to inserting the description 'British' in passports

held by BDTCs connected with Hong Kong. Indeed all

categories of citizen etc in the British Nationality Act

1981 are 'British nationals' in international law. This

agreement was of particular significance because if followed

earlier controversy with Hong Kong, with the details of

which your officials will be familiar, in which we

refused to agree to any description which could be taken

as modifying in the field of municipal law the citizen-

ship status laid down in the new Act. Our lawyers'

agreement on 11 August was in response to a different

Hong Kong argument that it was appropriate for passports

to show also the holder's status incinternational law.

This derives directly from the municipal status, viz :

BDTC. Now that the Hong Kong. government are aware that

we see no legal objection to inserting the description

'British national' they will find it incomprehensible-

They would

I notice

and probably sinister-if we refuse to do so.

regard it as a weakening of our commitment.

that Hyde's letter does not address this important

aspect of the problem.

The second foreign policy difficulty is that with the Prime

Minister's visit to Peking and Hong Kong this month we

may enter an extended period of negotiation about the

Territory's future in relation to the expiry of the New

Territories lease in 1997. It is most important to do

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