TNAG-1192-FCO40-1494-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 96

CONFIDENTIAL

SIR,

I TURN TO THE SUBJECT OF HONG KONG PASSPORTS. THIS IS A TOPIC WHICH HAS BEEN MUCH MISUNDERSTOOD, BOTH IT APPEARS IN HONG

KONG AND IN THE U.K. THE HONG KONG PASSPORT HOLDER DOES NOT HAVE THE RIGHT OF ABODE IN THE U.K. AND THIS HAS BEEN THE CASE SINCE

THE U.K. LAW WAS AMENDED AS EARLY AS 1962. BUT PASSPORTS ARE NOT ABOUT RIGHTS OF ABODE, THEY ARE ABOUT NATIONAL STATUS. AS TO THAT, THE PRESENT HONG KONG PASSPORT CORRECTLY DESCRIBES THE NATIONAL STATUS OF THE HOLDER AS BRITISH. HE IS ALSO DESCRIBED, PERHAPS INCONGRUOUSLY AS A CITIZEN OF THE U.K. AND COLONIES, AS CITIZENSHIP OF THE U.K. HAS BEEN A HOLLOW TITLE SINCE 1962. THE BRITISH NATIONALITY ACT OF 1981 HAS REMOVED ONE ANOMALY IN THAT HONG KONG PASSPORT HOLDERS WILL NO LONGER BE DESCRIBED AS CITIZENS OF THE U.K. BUT WILL BE CALLED CITIZENS OF BRITISH DEPENDENT TERRITORIES. HOWEVER, THE NATIONAL STATUS OF HONG KONG PASSPORT HOLDERS REMAINS UNCHANGED IN THAT THEY OWE ALLEGIANCE TO THE QUEEN AND ARE ENTITLED AS A MATTER OF RECIPROCITY TO HER PROTECTION WHEN ABROAD. THIS IS WHERE THE PASSPORT COMES INTO ITS OWN. IT TELLS THE WORLD THAT THE TRAVELLER ENJOYS THE PROTECTION OF THE CROWN. HENCE IT IS RIGHT, LOGICALLY AND CLEARLY RIGHT, THAT THE PASSPORT SHOULD PROCLAIM THE NATIONAL STATUS OF THE HOLDER, NAMELY BRITISH. THESE VIEWS HAVE BEEN URGED UPON THE U.K. GOVERNMENT AND WE HAVE HAD THE ASSURANCE OF THE PRIME MINISTER WHEN IN HONG KONG THAT SHE WOULD LOOK INTO THIS QUESTION. THE TIME IS PARTICULARLY OPPORTUNE FOR SUCH REVIEW, AND I THINK HONG KONG WOULD BE DEEPLY AND UNDERSTANDABLY DISAPPOINTED IF THE U.K. GOVERNMENT WERE NOT TO

AGREE WITH US.

YOUDE

SIR, WITH THESE OBSERVATIONS, I SUPPORT THE MOTION.''

LIMITED

NTD

HK+ GD

PS/HR RIFKIND

PS/ LORD. BELSTEAD

CHIEE

CLERK

MR GIFFARD

LORD

~ 6- LENNOX MR DONALD

COPIES TO!- HONG KONG

·GOUT OFFICE LONDON

THIS TELEGRAM WAS NOT ADVANCED

-2- CONFIDENTIAL