TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 120

CONFIDENTIAL

PP HONGKONG

GRS 280

CONFIDENTIAL

FM FCO 051710Z JULY 85

TO PRIORITY HONG KONG

TELEGRAM NUMBER 967 OF 5 JULY

INFO PRIORITY PEKING.

30339 1

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RECEIVER

GORY

17 JUL 1985

CS% OFFICER

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€265

(267)

YOUR TELNO 1336 AND PEKING TELNO 1026: HONG KONG AGREEMENT:

RIGHT OF ABODE: DEPORTATION

1. WE HAVE CONSIDERABLE RESERVATIONS ABOUT THE PROPOSAL IN PARA

(OR

2 OF YOUR TUR. (INCIDENTALLY WE ASSUME THAT AT THE END OF THE FIRST SENTENCE OF PARA 2 YOU MEAN ''IN RESPECT OF

CIVIL OFFENCES'', NOT 'CRIMINAL OFFENCES'. ALTHOUGH CLEARLY

DESIGNED TO MINIMISE THE GROUNDS ON WHICH 'CHINESE RESIDENTS'

INDEED 'RESIDENT BRITISH CITIZENS') WOULD BE LIABLE TO DEPORTATION FROM HONG KONG, YOUR PROPOSAL WOULD STILL BE AT VARIANCE WITH THE RIGHT OF ABODE PROVISIONS OF SECTION XIV OF

ANNEX I TO THE JOINT DECLARATION AND WOULD THEREFORE BE OPEN TO

CRITICISM BY THE CHINESE (AND PERHAPS ALSO THE GENERAL PUBLIC).

WE AGREE WITH PEKING (PARAS 2 AND 3 OF THEIR TUR) THAT THE

CHINESE ARE UNLIKELY TO ACCEPT THAT:

A) 'CHINESE RESIDENTS' WOULD COME WITHIN THE CATEGORY OF PERSONS

TO WHOM LU PING REFERRED IN THE AD HOC GROUP (PARA 4 OF TUR):

B) THE 'RIGHT OF ABODE' CONCEPT SHOULD BE APPLIED TO 'CHINESE

RESIDENTS' IN A DIFFERENT WAY FROM ITS APPLICATION TO HONG KONG

BELONGERS OF CHINESE ETHNIC ORIGIN.

(C) SOME 'FOREIGNERS', UNLIKE 'CHINESE NATIONALS' WOULD BE

EXEMPT FROM DEPORTATION.

2. IT ALSO SEEMS TO US THAT YOUR PROPOSALS ARE BASED ON THE

ASSUMPTION THAT ONLY 'CHINESE RESIDENTS' AND NOT 'HONG KONG

BELONGERS' MIGHT ENGAGE IN UNDESIRABLE ACTIVITIES. IT WOULD BE

HELPFUL TO KNOW HOW YOU DEAL NOW AND WOULD PROPOSE TO DEAL IN THE

RUN UP TO 1997 WITH HONG KONG BELONGERS WHO, FOR EXAMPLE, ARE

1

CONFIDENTIAL

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