TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 9

BACKGROUND

BACKGROUND

CONFIDENTIAL

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1. The background to this issue is in Mr Brown's submission

of 9 September. In resumé, Hong Kong have always been

concerned about removal of Citizen of United Kingdom and

Colonies status by British Nationality Act. They see it as weakening of links between us at a time of uncertainty over territory's future. It is important for HMG to provide reassurance

particularly as there have been other recent strains on relations caused by Multi Fibre Arrangement negotiations, increase in student fees, and Vietnamese refugee quotas.

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2. During passage of BNA they sought a number of conessions; a few were granted which were applied to all dependent

territories. Accepting that CUKC status could not be

maintained, Hong Kong pressed hard but unsuccessfully for

alternative description to BDTC to emphasize continuing link

with Britain. Lord Geddes tabled an amendment to Nationality

Bill to confer status of 'British national' on all BDTCs

and British Overseas Citizens; it was lost by only 3 votes.

Since then Hong Kong Government and Unofficial Members of

EXCO and LEGCO have pressed vigorously for 'British national' in Hong Kong passports. We resisted their early efforts on

the legal grounds that description in passports must coincide

with wording of British Nationality Act. Hong Kong Attorney General then argued that all categories of our citizens are 'British nationals' in international law; as passports

operate internationally, national status could be included

in passports in addition to citizenship. FCO and Home Office lawyers conceded that there was no purely legal objection to a description in the passport which would acknowledge the

position under international law.

3. On 24 August we put Hong Kong's case to the Home Office

prior to Prime Minister's visit to Hong Kong.

Mr Pym

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also wrote to Mr Whitelaw. It was agreed that a decision

not be taken until after the Prime Minister's

should

visit.

CONFIDENTIAL