TNAG-1561-FCO40-2125-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 116

Private Secretary

CONFIDENTIAL

Sourron of state

نیست

I'm only 1/4 egment of this sime: win

битон

HONG KONG: NATIONALITY ORDER IN COUNCIL

1.

(346

ps/mr Rewa

From: P J Westmacott Date: 11 March 1986

Rmadw

PS/Lady Young

cc: PS/PUS

Sir W Harding

Mr Layden, HKD

335

Mr Renton has seen a copy of Hong Kong telno 744 recording the (attached)

EXCO response to the latest version of the passport endorsement. Mr Renton is not surprised that EXCO have reacted coolly. Indeed, he had expected the Governor to be more doubtful about the latest draft's prospects.

3. On the substance, Mr Renton has little sympathy for Hong Kong views. He regards the endorsement as a silly issue, since Hong Kongers are always going to be subject to immigration controls at UK ports of entry, whatever endorsement we may agree for their passports.

4.

Should

He nevertheless has much sympathy for the point the Governor makes in his fourth paragraph. The judgement of the Lords' Whips was that the Order in Council ought to pass, since the Government would be giving way on two issues (the endorsement and the ex-servicemen) and standing firm on only one (the Indians). the Order now be published without an endorsement which is acceptable in Hong Kong, he sees a real danger that it will not go through. In his view, this would be a serious setback, which would confirm the doubts which already exist in Hong Kong minds about the Government's political will. Warning signs from the Commons are already being signalled by Sir Peter Blaker, as the Secretary of State knows.

5. Mr Renton understands that the Legal Advisers tend to share the Hong Kong view that the wording of the endorsement is more a political issue than a legal one. He believes that the Government should accept the small risk that an endorsement to the liking of Hong Kongers will make it more difficult for future Governments to introduce changes to the immigration rules by administrative means. If the worst came to the worst, a future Government could always resort to primary legislation for this purpose.

6.

If the Secretary of State endorses these views, Mr Renton suggests that they should form the basis of Hong Kong Department's brief for their next round with Home Office officials. Ideally,

CONFIDENTIAL