TNAG-1560-FCO40-2124-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 194

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Dear Geophy, Legal Advises

HONG KONG NATIONALITY ORDER IN COUNCIL

183

Thank you for your minute of 22 January about the impact in Hong Kong of the debates on the draft nationality Order.

I share your concern. We must do everything we reasonably can to secure the Order in March and to take Hong Kong with us. We do not want to weaken the credit which we have rightly earned through negotiating the agreement; and I fully recognise the need to keep Hong Kong's co-operation and good will for the years ahead.

We can take some comfort, and perhaps credit, from the fact that the arguments now centre on the three points you mention. We always knew that nationality would be one of the most sensitive and controversial matters following on from the agreement, and despite the criticisms, no-one in either House seems to have tried to re-open the fundamental questions of our arrangements for the vast majority of British Dependent Territories citizens in Hong Kong.

If we can get the tactics right and we can reach some accommodation on the outstandinng issues, we should have a reasonable prospect of having the nationality arrangements in place by Easter as we have promised.

I agree, therefore, that we need to concentrate on the three requests from Hong Kong. Our aim should be to try as far as possible to reach an understanding with the Hong Kong Government and to be reasonably sure that the Order will not flounder in Parliament for failure to do so.

We are already in touch with your officials on the possibility for endorsing the passport. There are problems, and I do not myself believe that we can dismiss the difficulties of appearing to bind future administrations, but given the central importance of meeting the Hong Kong Government on this, we must try to fnd some way of reconciling the various points of view.

I agree also that my officials should have discussions with Hong Kong officials on the other two suggestions about granting British citizenship to the non-ethnic Chinese minority who might otherwise be stateless in 1997, and to ex-servicemen. At this stage the discussions must be without prejudice to the final outcome, and I can see formidable difficulties in the way of our meeting the wishes of the Legislation Council not least because of the implications of our doing so for our wider immigration and nationality policies.

The Rt Hon Geoffrey Howe QC MP

/I hope