TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 58

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DD 300030Z HONG KONG

GRS 867

CONFIDENTIAL

DESKBY 300030Z

FM FCO 291530Z JULY 85

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 1085 OF 29 JULY

AND TO IMMEDIATE PEKING

FOR MDRTIMER FROM IP

HONG KONG AGREEMENT: NATIONALITY: ORDER IN COUNCIL

нии

HKK OTO/+

- 1 AUG 1985

Ва

H..

1. WE HAD A USEFUL MEETING TODAY WITH HOME OFFICE AND FCO

OFFICIALS. THE FOLLOWING POLICY POINTS WERE GENERALLY AGREED:

A)

REGISTRATION PROCEDURE (ARTICLE 4(2) OF DRAFT ORDER). THE

HOME OFFICE ACCEPTED THE NEED, GIVEN THE WORDING OF THE UK

MEMORANDUM, TO INCLUDE A REFERENCE TO PASSPORTS IN THIS ARTICLE,

ON THE LINES PROPOSED IN HONG KONG TELNO 1513. THEY AGREED THAT

IN CASES WHERE HMG WOULD NORMALLY WISH TO WITHHOLD A PASSPORT (EG

WHEN A HONG KONG BDTC HAS BEEN REPATRIATED AT HMG'S EXPENSE AND

HAS NOT YET REPAID THE COST) IT WOULD BE POSSIBLE TO ISSUE THE

BN(0) PASSPORT LEGALLY BUT THEN WITHHOLD IT.

B) COMMONWEALTH CITIZENSHIP. HOME OFFICE OFFICIALS MADE THE

POINT THAT EVEN IF WE DECIDED TO TREAT BN(0)S AS COMMONWEALTH

CITIZENS UNDER UK LEGISLATION WITHOUT ACTUALLY ACCORDING THEM

THIS STATUS, IT WOULD NOT BE POSSIBLE TO EXTEND TO THEM THE

RIGHTS AND DUTIES GRANTED TO COMMONWEALTH CITIZENS UNDER THE

LEGISLATION OF OTHER COMMONWEALTH COUNTRIES. (IT IS NOT CLEAR

WHAT THESE AMOUNT TO IN PRACTICE.) FCO OFFICIALS REITERATED

THEIR VIEW THAT THE CHINESE WERE VERY UNLIKELY TO COMPLAIN ABOUT

BN(O)S BEING CLASSIFIED AS COMMONWEALTH CITIZENS AND THAT EVEN IF

THEY DID IT WOULD BE POSSIBLE TO EXPLAIN CONVINCINGLY THAT THIS

HAD NO IMPLICATIONS FOR THE STATUS OF HONG KONG BUT WAS SIMPLY A

RIGHT COMMON TO ALL FORMS OF BRITISH NATIONALITY. IN THE

CIRCUMSTANCES, WE RECOMMEND THAT WE AGREE TO THE PROPOSAL THAT

BN(O)S SHOULD BECOME COMMONWEALTH CITIZENS. PROVIDED THAT WE

COULD GET AWAY WITH ACTUALLY CALLING BN(0)S COMMONWEALTH

CITIZENS, HONG KONG BDTCS HAVE NOTHING TO LOSE FROM BEING

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