CONFIDENTIAL
056566
MDLIAN 0946
THERE HAVE BEEN MANY OTHER CASES WHERE THE CHINESE HAVE ALLOWED HONG KONG CHINESE WHO HAVE ACQUIRED BRITISH CITIZENSHIP BY MARRIAGE TO TRAVEL TO CHINA ON THEIR BC PASSPORTS, WITHOUT ENQUIRING INTO HOW THEIR BRITISH CITIZENSHIP WAS ACQUIRED. THEY HAVE THUS IMPLICITLY ACCEPTED THAT SUCH PERSONS ARE NO LONGER CHINESE NATIONALS, EVEN IF THEY HAVE NOT BEEN 'SETTLED ABROAD', NOR APPLIED FORMALLY TO RENOUNCE CHINESE NATIONALITY.
8. IN SUPPORT OF THIS VIEW WE CAN TAKE COMFORT FROM TWO STATEMENTS
MADE BY THE CHINESE IN THE MARGINS OF THE NEGOTIATIONS OF THE JD.
ON 23 FEBRUARY 1984 KE ZAISHUO SAID THAT THOSE HOLDING BDTC PASSPORTS AS A RESULT OF THEIR CONNECTIONS WITH HONG KONG WOULD BE CONSIDERED CHINESE CITIZENS, BUT THOSE HOLDING FULL BRITISH PASSPORTS (OR A FULL PASSPORT OF ANY OTHER COUNTRY) WOULD BE CONSIDERED ALIENS. ON 2 MARCH 1984 LU PING IS REPORTED TO HAVE SAID THAT NO BRITISH CONSULAR PROTECTION WITHIN THE SAR WOULD BE CONTEMPLATED EXCEPT FOR BRITISH CITIZENS WITH RIGHT OF ABODE IN THE
UK.
CIVIL SERVICE IMPLICATIONS
9. NEVERTHELESS, GIVEN THE RELATIVELY LARGE NUMBER OF POTENTIAL BENEFICIARIES OF THE NATIONALITY PACKAGE, THE CHINESE MAY BE TEMPTED TO TAKE A MORE UNHELPFUL ATTITUDE VIS-A-VIS THE APPLICATION OF ARTICLES 9 AND 10 OF THE CNL. WE AGREE THAT CHINESE CONCERNS MAY STEM FROM A WISH TO AVOID HAVING LARGE NUMBERS OF FOREIGN NATIONALS IN THE CIVIL SERVICE OF THE HKSAR. IT COULD BE POINTED OUT IN RESPONSE THAT HONG KONG ALREADY HAS A MULTI-NATIONAL CIVIL SERVICE, INCLUDING MANY WHO IN OUR EYES WILL IN ANY CASE REMAIN BRITISH NATIONALS AFTER 1997. IF THE ASSURANCE OF LOYALTY OF CIVIL SERVANTS WHO ARE BRITISH CITIZENS COULD BE REQUIRED TO TAKE AN OATH OF ALLEGIANCE TO THE HKSAR.
10. IT COULD ALSO BE MADE CLEAR TO THE CHINESE THAT THE NATIONALITY SCHEME IS A VOLUNTARY ONE: WHETHER TO APPLY UNDER THE SCHEME IS ENTIRELY A MATTER OF PERSONAL CHOICE. THOSE HOPING TO BECOME PRINCIPAL OFFICIALS IN THE FUTURE HKSAR COULD STILL RENOUNCE THEIR BRITISH CITIZENSHIP. RENUNCIATION OF CITIZENSHIP IS AN ENTITLEMENT UNDER THE BNA 1981.
INFLUENCING OF CHINESE ATTITUDE
11. OUR OBJECTIVE MUST BE TO PERSUADE THE CHINESE TO MAINTAIN THEIR PAST ATTITUDE TOWARDS ALL BRITISH CITIZENS, NAMELY THAT THEY ARE
3
PAGE CONFIDENTIAL
**
No comments yet.
Private notes are available after approval.