TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 168

Coxycil of Hongkong Indian Associations

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(e)

(f)

He argues that to accede to our claim "would wrongly imply doubt about the commitment of both parties to the Sino-British Joint Declaration". This is fundamentally incorrect. The granting of British Citizenship to us would in no way question that historic agreement. As we have indicated above, the Chinese Government take the view that providing us with an effective form of nationality is a matter for HMG. For HMG to protect the interests of their nationals by guaranteeing them a right of abode in part of the territory of the UK does not conflict with the Joint Declaration as to the future of Hong Kong. British Citizenship is a matter between HMG and us. It does not in any respect question the good faith of the Chinese Government for HMG to give full and proper protection to their own nationals, not as against China, but as between HMG and us.

Finally, he emphasises that if circumstances were to change and we were put under pressure to leave Hong Kong in the future, HMG "would expect the Government of the day to consider sympathetically whether to admit [us] to the United Kingdom on a case by case basis". His statement almost echoes verbatim the words of Baroness Young in the House of Lords debate on 14th March 1985. However, Baroness Young's assurance was not sufficient to satisfy the widespread calls for the Order to be changed from the Legislative Council of Hong Kong and both Houses of Parliament during the recent debates. We are surprised that Mr. Hurd should now be expected to provide such an assurance. It will be understood that we find it less than satisfactory to be given a vague non-binding assurance rather than a legal entitlement that will put our minds at rest and enable us to concentrate on our task of improving the prosperity of Hong Kong up until and after 1997.

We hope that you will give these points your careful consideration, as Mr. Hurd's arguments are sure to be relied upon by HMG's spokesmen in the forthcoming debate.