CONFIDENTIAL
нко
HICD 340/18
น
QE
M
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 3965
OF 01113OZ DECEMBER 89
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
10,
"
13
056566
MDLIAN 0946
YOUR TELNO 2378 AND PEKING TELNO 2076: NATIONALITY PACKAGE:
CHINESE ATTITUDE
SUMMARY:
WE BELIEVE A NATIONALITY PACKAGE INVOLVING CITIZENSHIP WOULD NOT
CONFLICT WITH THE PROVISIONS OF THE JD. THE POSITION OF THE BENEFICIARIES UNDER CHINESE NATIONALITY LAW IS MORE UNCERTAIN. THE CHINESE ARE LIKELY TO BE CONCERNED ABOUT THE IMPLICATIONS FOR THE
CIVIL SERVICE OF THE HKSAR. WE SHOULD NOT ENTER INTO A DISCUSSION OF OPTIONS WITH THE CHINESE, BUT SHOULD INFORM THEM OF THE DECISION A FEW DAYS BEFOREHAND AND SEEK TO PERSUADE THEM TO REACT HELPFULLY AND PRAGMATICALLY.
JOINT DECLARATION : UK MEMORANDUM
2. WE DO NOT/NOT BELIEVE THAT A CITIZENSHIP SCHEME WILL CONFLICT WITH THE UK MEMORANDUM ASSOCIATED WITH THE JD. IF THE SCHEME INVOLVES SUBSTITUTING BC STATUS FOR BDTC STATUS BEFORE 30 JUNE 1997, THE RIGHT OF ABODE IN UK OF ANY BENEFICIARIES WILL THEN STEM FROM THEIR STATUS AS BCS, AND THEY WILL NOT BE BDTCS 'ON 30 JUNE 1997' SO AS TO FALL WITHIN JD226. BUT A SCHEME WHICH SIMPLY GAVE RIGHT OF ABODE TO BDTC/BN (0) PASSPORT HOLDERS WOULD CONFLICT WITH THE UK MEMORANDUM IF THE RIGHT CONTINUED BEYOND 1997 AS IT MUST IF THE SCHEME IS TO BE EFFECTIVE.
3. IT WOULD OF COURSE ALSO BE TECHNICALLY FEASIBLE UNDER THE 1981 BNA FOR THE PACKAGE TO PROVIDE FOR A DUAL BC/BDTC STATUS. WE COULD THEN IN THEORY ARGUE THAT JD226 AND 227 ONLY PROVIDE A MEANS FOR
BDTCS TO CONTINUE TO ENJOY THE BENEFITS OF THEIR EXISTING STATUS AFTER 1997, AND THAT THE WORDS 'WITHOUT CONFERRING THE RIGHT OF ABODE IN THE UNITED KINGDOM' MERELY DESCRIBE ONE ATTRIBUTE OF THE STATUS WHOSE RETENTION IS PERMITTED BY JD226. IT HAS ALWAYS BEEN POSSIBLE FOR BDTCS TO ACQUIRE IN ADDITION ANOTHER STATUS CREATED BY BRITISH NATIONALITY LAW, AND THE UK MEMORANDUM DID NOTHING TO CHANGE THAT FACT.
1
PAGE CONFIDENTIAL
:
No comments yet.
Private notes are available after approval.