TNAG-1561-FCO40-2125-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 12

requi rement by changing

the

Immigration Rules, this might be

successfully challenged in the courts

a s an abuse of power.

Attorney General's office do not advise that there is any legal

or constitutional

bar ог impropriety in entering the

is a matter of a political

i s a very small risk: very

im po se such a requi rement

a ny case requi re visitors to Goverment could probably argue

steps taken to draw pas s port

endorsement without "current": i t

and practical risk. But this

unlikely Government would

would wish to

(Immigration Officers can in

establish bona fide status);

successfully in court that

holders' attention to the Immigration Rules (reference in

for

endorsement and accompanying leaflet) provided defence against application

judicial review; and Goverment could i f

prima ry legislation to

necessa ry

requirement.

impo se

vi sa

to re sort

(This would be controversial, but in the ex treme

"Tamil" situation,

circumstances we a re considering

out-break or mass flight from Hong Kong

terrorist

-

any action would

"current

be

HMG had

controversial.) Can well see that reference s to

Immigration Rules" would be bound to suggest that very much in mind the possibility of changing the rules, and be a slap in the face for Hong Kong people; strongly urge that FOO

risk

and HO, while not concealing visits. from OD (K), should

recommend accepting it.

NON ETHNIC MINORITIES

4.

This i s in some ways an

artificial issue: Indians and

-

others say they wish to settle in Hong Kong, and almost all of

them probably do

investment, homes, livelihood there. British citizenship will not help them in this, and agreement

guarantees right of abode in Hong Kong. But this has become a highly emotional issue in Hong Kong (partly because of granting of full British citizenship to Gibral tanians in 1981, Falkland Islanders in 1983). Also main rallying point for opposition to

Order in both Houses. Again,

be small

proportion of the

Visits would

than more

tiny a

very

11,000

unlikely tha t non-ethnic BDTCs would want to come to Britain. Could easily

resist

pressure

from others elsewhere

si tua ti on in Hong Kong is unique:

in the world by saying

territory no t being given