TNAG-1565-FCO40-2130-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 82

CONFIDENTIAL

33368 - 1

BUT WE HAVE DISCUSSED THIS WITH THE CHINESE GOVERNMENT IN THE

JOINT LIAISON GROUP AND THEY HAVE CONFIRMED THAT NON-CHINESE WHO

MEET THE LEGAL REQUIREMENTS UNDER THE CHINESE NATIONALITY LAW MAY

APPLY FOR CHINESE NATIONALITY AND THAT SUCH CASES WOULD BE DEALT

WITH BY THE APPROPRIATE AUTHORITIES. WE EXPECT TO HAVE FURTHER

EXCHANGES ABOUT THIS WITH THE CHINESE GOVERNMENT IN THE FUTURE.

YOUR LETTER OF 17 FEBRUARY ALSO COMPARED THE SITUATION IN

HONG KONG WITH WHAT HAPPENED WHEN THE UNITED KINGDOM RELINQUISHED

JURISDICTION OVER OTHER DEPENDENT TERRITORIES ON THEIR

INDEPENDENCE. IN SUCH CASES, PEOPLE WHO DID NOT BECOME CITIZENS

OF THE NEWLY INDEPENDENT COUNTRY (AND THERE WERE MANY WHO DID

NOT) RETAINED THEIR BRITISH NATIONALITY. THOSE WHO DID NOT HAVE

CLOSE CONNECTIONS WITH THE UNITED KINGDOM ITSELF WILL GENERALLY

HAVE AUTOMATICALLY BECOME BRITISH OVERSEAS CITIZENS ON 1 JANUARY

1983. TO GRANT BRITISH CITIZENSHIP, RATHER THAN BRITISH OVERSEAS

CITIZENSHIP, TO THOSE HONG KONG BDTCS WHO WILL NOT AUTOMATICALLY

ACQUIRE CHINESE NATIONALITY AND WHO HAVE NO OTHER FORM OF

NATIONALITY WOULD NOT THEREFORE BE CONSISTENT WITH THIS GENERAL

PRINCIPLE. AND IT COULD UNFAIRLY LEAD TO DOUBTS ABOUT THE

POSITION OF THE MANY OTHER BRITISH OVERSEAS CITIZENS IN MANY

PARTS OF THE WORLD.

WE HAVE ALSO BEEN MINDFUL THAT WHILE PEOPLE'S PRESENT

WISH IS TO CONTINUE TO LIVE AND WORK IN HONG KONG, THEY MIGHT

WISH TO HAVE A FORM OF CITIZENSHIP WHICH GAVE THEM AN

UNQUESTIONED RIGHT OF ABODE ELSEWHERE. WE DO NOT BELIEVE IT

WOULD BE DESIRABLE NOR IS IT NECESSARY TO MAKE SUCH ARRANGEMENTS

AT THE PRESENT TIME. IT WOULD RAISE UNCERTAINTY ABOUT THE SIZE

OF THIS COUNTRY'S FUTURE COMMITMENTS AND IT WOULD WRONGLY IMPLY

DOUBT ABOUT THE COMMITMENT OF BOTH PARTIES TO THE SINO-BRITISH

JOINT DECLARATION. THIS WOULD NOT IN OUR JUDGMENT BE A SENSIBLE

BASIS ON WHICH TO CONTINUE THE POSITIVE AND CONSTRUCTIVE WORK

OVER IMPLEMENTATION OF THE JOINT DECLARATION WHICH NEEDS TO BE

CARRIED OUT UP TO 1997 AND BEYOND. BUT WE HAVE MADE IT PLAIN,

AND I WISH TO MAKE IT CLEAR AGAIN, THAT IF CIRCUMSTANCES WERE TO

CHANGE AND ANY BRITISH NATIONAL CAME UNDER PRESSURE TO LEAVE HONG

KONG IN THE FUTURE, WE WOULD EXPECT THE GOVERNMENT OF THE DAY TO

3

CONFIDENTIAL