TNAG-1991-FCO40-2831-Future-of-Hong-Kong-British-Nationality-(Hong-Kong)-Selectio-1990 — Page 104

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FOREIGN NATIONALS, AND TO COME UP WITH A STATEMENT TO THAT EFFECT. SUCH A CATEGORICAL STATEMENT MAY NOT BE ACHIEVABLE IN THE SHORT- TERM, IN WHICH CASE WE MUST SEEK TO ENSURE THAT THEY AT LEAST DO NOT COME OUT WITH UNHELPFUL STATEMENTS. UNLESS THEY ARE PAINTED INTO A CORNER, THEY MAY WELL BE WILLING TO FUDGE THE ISSUE AT THE TIME THAT THE PACKAGE IS ANNOUNCED, IN ORDER TO GIVE THEMSELVES TIME TO ASSESS THE IMPLICATIONS.

12. THERE ARE TWO OTHER CONSIDERATIONS WHICH MIGHT INFLUENCE THE CHINESE TO ADOPT A PRAGMATIC ATTITUDE FIRST, THEY MAY ACCEPT THE PROBLEMS FOR HONG KONG WHICH CONTINUING AND INCREASING EMIGRATION WILL CAUSE. WE SHOULD TRY TO PERSUADE THEM THAT THE KEY OBJECTIVE OF THE NATIONALITY PACKAGE IS TO ARREST THIS SERIOUS PROBLEM, AND THAT ANY SUGGESTION OF CHINESE NON-ACCEPTANCE OF IT WILL ONLY EXACERBATE THE PROBLEM. SECONDLY, IF THE CHINESE DID NOT RECOGNISE AS FOREIGN NATIONALS ALL HOLDERS OF BC PASSPORTS WITHOUT REQUIRING PROOF OF SETTLEMENT ABROAD OR RENUNCIATION OF CHINESE NATIONALITY, THIS WOULD IN PRACTICE BRING INTO QUESTION, AND CAUSE REAL PROBLEMS IN VERIFYING, THE STATUS OF ALL ETHNIC CHINESE WHO HOLD BC OR POSSIBLY OTHER FOREIGN PASSPORTS.

13. WE COULD LIVE WITH THE INTERPRETATION OF THE CNL BEING FUDGED IN THE SHORT-TERM, BUT IT WOULD NOT BE A TENABLE POSITION IN THE LONGER TERM. AS 1997 APPROACHES PEOPLE WILL NEED TO KNOW THEIR POSITION. MOREOVER, IF OUR LAW ON THE RIGHT OF ABODE IS TO BE ALIGNED WITH JD 158/159 IN ADVANCE OF 1997, WE WILL NEED TO KNOW WHO ARE CHINESE NATIONALS AND WHO ARE FOREIGN NATIONALS.

14. THERE IS NO INDICATION SO FAR THAT THE CHINESE INTEND TO RAISE THE ISSUE AT JLG XIV ALTHOUGH THE APPEARANCE OF RECENT ARTICLES IN THE COMMUNIST PRESS SUGGESTS IT IS ON THEIR MINDS AND IT MAY WELL BE RAISED IN THE MARGINS. WE WILL PREPARE DEFENSIVE MATERIAL AND TELEGRAPH SEPARATELY.

15. THE TIMING OF OUR BROACHING THE QUESTION WITH THE CHINESE IS A MATTER OF FINE JUDGEMENT. WE SHOULD AVOID THE IMPRESSION OF BOUNCING THEM, HENCE YOUR OPTION A IN PARA 6 OF YOUR TUR SHOULD BE RULED OUT. WE ALSO DO NOT FAVOUR YOUR OPTION C. IT THE CHINESE REALISE THAT THE PACKAGE IS NOT YET FINALISED, THEY WILL BE LIKELY TO SEEK TO CHANGE ITS CONTENT OR APPLICATION, OR TO EXACT A PRICE FOR CONCURRENCE. IT WOULD BE VERY DAMAGING TO CONFIDENCE HERE IF THERE WAS ANY SUGGESTION THAT CHINESE VIEWS ARE INFLUENCING THE PACKAGE.

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