TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 209

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5. TO CONFER A FULL RIGHT OF ABODE ON PERSONS OTHER THAN ''HONG KONG BELONGERS'', PART V OF THE IMMIGRATION ORDINANCE DEALING WITH DEPORTATION WILLHAVE TO BE AMENDED TO EXCLUDE FROM THOSE DEPORTABLE UNDER THE ORDINANCE CHINESE RESIDENTS'', ''RESIDENT BRITISH CITIZENS' AND 'RESIDENT UNITED KINGDOM BELONGERS''. WE SHALL AS A RESULT LOSE THE POWER TO DEPORT CHINESE RESIDENTS'' WHO ARE FOUND TO BE KIS AGENTS AND WHO ARE NOT ALSO INVOLVED IN STRICTLY CRIMINAL ACTIVITY. ALTHOUGH IN PAST YEARS WE HAVE FOUND ONLY A SMALL NUMBER OF SUCH UNDERSIRABLES, WE ESTIMATE THAT THE LEVEL OF KIS ACTIVITY IN HONG KONG BETWEEN NOW AND 1997 IS LIKELY TO INCREASE AND IT IS POSSIBLE THAT THE LOSS OF THIS POWER TO DEPORT PERSONS ASSOCIATED WITH KIS ACTIVITY COULD BE EXPLOITED BY THE KNS TO STEP UP THEIR ACTIVITY WHICH IS PRIMARILY DIRECTED

AGAINST CHINA.

6. IF EXCO AGREE ON EXTENDING THE RIGHT OF ABODE WHICH INCLUDES

FREEDOM FROM DEPORTATION TO CHINESE RESIDENTS'', WE SHALL HAVE

TO CONTIFUE TO WATCH CLOSELY KIS ACTIVITY WITH A VIEW TO

NEUTRAL SING ANY KIS CELLS THAT COME TO NOTICE. WE SHALL ALSO NEED

TO CONSIDER FURTHER WHAT ACTION WE COULD TAKE AGAINST THOSE

RESPONSIBLE.

7. WE AGREE THAT DETAILED DISCUSSION WITH THE PRCG WILL BE REQUIRED BEFORE CHANGES COULD BE EFFECTED TO IMPLEMENT THE FULL

PROVISIONS RELATING TO RIGHT OF ABODE AS STIPULATED IN SECTION XIV OF ANNEX 1 TO THE JOINT DECLARATION, THE OUTSTANDING PROBLEMS

MENTIONED IN PARA 9 OF YOUR TUR BEING SOME OF THEM. BUT IT IS NOT (REPEAT NOT) PROPOSED TO COMPLICATE THE ISSUE BY BRINGING IN AT THIS STAGE THE QUESTION OF CHILDREN BORN OUTSIDE HONG KONG TO

PERSONS REGARDED AS CHINESE NATIONALS BORN OR SETTLED IN HONG KONG

OR THE WITHDRAWAL OF RIGHT OF ABODE FROM SOME HONG KONG

BELONGERS. IF THE CHINESE INCIDENTALLY RAISE QUESTIONS ON THESE SUBJECTS, OUR ANSWER IN RESPECT OF THE FIRST ISSUE IS THAT IT NEEDS MORE CAREFUL CONSIDERATION AND CLARIFICATION E.G. ON THE POINT

RAISED IN PARA 9(A) OF YOUR TUR: AND THE ANSWER TO THE SECOND

QUESTION IS THAT DEPRIVING ANY HONG KONG BDTCS OF THEIR RIGHT OF

ABODE IN HONG KONG PRIOR TO 1 JULY 1997 WOULD RUN COUNTER TO THE

AIM AND PURPOSE OF THE BNA 1981.

YOUDE

HONG KONG AGREEMENT: NATIONALITY

LIMITED

HD/HKD

HD/FED

HD/NTD

RESEARCH D (MR WALKER)

DEP HD/PUSD

PS

PS/MR RENTON

PS/PUS

SIR W HARDING

MR WILSON

COPIES TO:

AR ROBERTS, NEWS DEPT MIR FIFOOT,

LEGAL ADVISERS

LR GRAINGER, LEGAL ADVISERS

MR D MCDOUGALL, MVD

MR HYDE, HOME OFFICE

MR EMERY, B4 DIV, HOLE OFFICE, CROYDON

MF NICHOLSON, PASSPORT DEPT, HOME OFFIC

ROOM 236, CLIVE HOUSE.

MR MCDONOUGH, B2 DIV, HOME OFFICE

MR WOOD LEGAL ADVISERS