7. THERE MAY BE SOME THINGS WHICH CAN BE DONE WITHIN EXISTING LAW: AND OTHER WHICH WOULD ONLY BE POSSIBLE BY AMENDMENT. TO SHOW WILLINGNESS TO EXAMINE THESE ISSUES IN DETAIL BEFORE COMING TO CONCLUSIONS WOULD AVOID THE APPEARANCE OF A STONY INDIFFERENCE TO STRONGLY FELT CONCERNS IN HONG KONG.
8. FOP EXAMPLE, IN RESPECT OF EX-SERVICEMEN, YOUR CONCLUSION IS THAT MOST OF THEM WOULD PROBABLY NOT QUALIFY UNDER SECTION 4(5). IN OTHER WORDS THERE MIGHT HAVE TO BE SPECIAL PROVISIONS TO ACCOMMODATE THOSE EX-SERVICEMEN WHOSE SERVICE WAS UNDER THE GOVERNMENT OF THE UK. WITHIN THE GOVERNMENT HERE WE HAVE NO DETAILED INFORMATION ON THESE
EX-SERVICEMEN: AND TO AVOID RAISING FALSE EXPECTATIONS, WE HAVE
BEEN RELUCTANT TO APPRROACH THE ASSOCIATIONS TO GET THE
INFORMATION. IF THERE WAS A PROSPECT THAT DESERVING CASES WOULD BE CONSIDERED SYMPATHETICALLY WE COULD ASK FOR THE INFORMATION AND
CONSIDER IT WITH YOU AND THE HOME OFFICE. THE NUMBER IN
PRACTICE WILL NOT TURN OUT TO BE SIGNIFICANT. AT THE VERY MAXIMUM
ONLY 400 EX-SERVICEMEN ARE LIKELY TO BE INVOLVED.
9. ALSO IN RESPECT OF THE MINORITIES, IT COULD WELL BE THAT SOME CASES WILL BE VERY MUCH MORE DESERVING THAN OTHERS. FOR EXAMPLE
THERE MAY BE SOME INDIANS WHO MAY HAVE COME HERE RECENTLY: WHO
VOLUNTARILY CHOSE TO FOREGO THEIR INDIAN NATIONALITY AND THEIR RIGHT
OF ABODE IN INDIA IN ORDER TO COME TO HONG KONG, AND WHO COULD
RESUME IT IF THEY CHOSE. SOME MAY ALREADY HAVE OTHER PASSPORTS.
THERE WILL BE OTHERS WHO CAME HERE BEFORE THE LAST WAR AS PART OF
THE BRITISH FORCES OR TO SERVE IN THE HONG KONG POLICE OR PRISON
SERVICE, AND SUBSEQUENTLY DECIDED TO SETTLE IN HONG KONG OR WHOSE FAMILIES HAVE BEEN HERE FOR MANY GENERATIONS. IT COULD BE ARGUED
THAT HMG'S RESPONSIBILITY VARIED FROM GROUP TO GROUP.
10. FURTHER TO PARA 4 ABOVE, IN THE CONTEXT OF THE MINORITIES, THE ARGUMENTS IN PARAGRAPHS 19 AND 20 OF YOUR TELNO 33 MISS THE POINT
THE MINORITIES AND UNOFFICIALS HAVE BEEN MAKING. ON THE ONE HAND
NONE OF THE BRITISH NATIONALITIES THEY ARE BEING OFFERED BRING
WITH THEM A RIGHT OF ABODE. ON THE OTHER HAND THE RIGHT OF ABODE
SOME OF THEM ARE PROVIDED WITH UNDER THE JOINT DECLARATION DOES NOT
GO WITH A NATIONALITY. THIS IS BOUND TO AFFECT THE STANDING OF THEIR
TRAVEL DOCUMENTS AND THEIR CONFIDENCE IN THEIR NATIONAL STATUS.
BY CONTRAST, THE ETHNIC CHINESE IN HONG KONG WILL BE AUTOMATICALLY
CHINESE NATIONALS WITH THE RIGHT OF ABODE IN CHINA OR IN THE SAR.
11. IF MINISTERS WERE READY TO ASK FOR A MORE DETAILED EXAMINATION
AT OFFICIAL LEVEL OF THE CIRCUMSTANCES OF THE TWO GROUPS: AND OF THE
EXTENT TO WHICH THEIR CONCERNS MIGHT BE MET WITHIN EXISTING
LEGISLATION AND THE EXTENT TO WHICH THIS COULD ONLY BE DONE BY
AMENDED LEGISLATION, I WOULD WELCOME AN OPPORTUNITY TO SEND A TEAM
TO LONDON TO DISCUSS THE DETAILS AND IN PARTICULAR TO TRY AND
IDENTIFY THE CASES IN BOTH GROUPS THAT DESERVE SYMPATHETIC
CONSIDERATION.
12. THE LINE WHICH COULD THEN BE TAKEN IN THE OPENING SPEECH IN
THE DEBATE WOULD BE:
CONFIDENTIAL
(A)
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