TNAG-1991-FCO40-2831-Future-of-Hong-Kong-British-Nationality-(Hong-Kong)-Selectio-1990 — Page 88

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SECRET

SECRET

FM HONG KONG

TO DESKBY 01140OZ FCO

TELNO 3972

OF 01130OZ DECEMBER 89

MCP 340/18

RECEIVED IN REGISTRY

05JAN 1990 340/18

REGISTHE

DESK OFFICER INDEX

PA

1.

FTM 5712

18

057276 MDHIAN 7180

PERSONAL FOR PAUL

PAULS

HKD, FROM GOVERNOR

YOUR TELNO 2409: HONG KONG: NATIONALITY

ALTHOUGH AN ENTRY CERTIFICATE SCHEME ENTRENCHED IN PRIMARY LEGISLATION WOULD BE AN IMPROVEMENT ON AN ENTRY CERTIFICATE SCHEME BASED ON PRESENT ARRANGEMENTS, IT WOULD STILL FALL A LONG WAY SHORT OF WHAT IS NEEDED TO SUSTAIN CONFIDENCE HERE. IN MY VIEW AN ENTRY CERTIFICATE SCHEME, HOWEVER FIRMLY UNDERPINNED, WILL FAIL TO ACHIEVE OUR OBJECTIVES FOR ALL THE REASONS STATED IN MY TELNO 3922, UNLESS THE UK RESIDENCE QUALIFICATION IN THE BNA IS TOTALLY WAIVED AND THUS RECIPIENTS OF THE CERTIFICATES CAN SERVE OUT ALL THEIR QUALIFYING TIME IN HK BEFORE EXCHANGING THE CERTIFICATE FOR A FULL BRITISH CITIZENSHIP PASSPORT. UNDER SUCH A SCHEME THERE COULD OF COURSE BE NO/NO QUESTION OF THE HOLDER BEING ENTITLED TO CONSULAR PROTECTION IN HONG KONG.

2. IN MY VIEW THE SCHEME BEING CONSIDERED BY THE HOME SECRETARY WOULD BE LIKELY TO HAVE THE FOLLOWING ADDITIONAL DIFFICULTIES

-

(A) BDTC PASSPORTS ISSUED IN LONDON WOULD CARRY FEW PRESENTATIONAL ADVANTAGES IN THE EYES OF HONG KONG PEOPLE. MOREOVER UNDER THE TERMS OF JD226, THE STATUS OF BDTC WILL LAPSE ON 30 JUNE 1997. THERE WOULD THEREFORE BE IRRESISTIBLE PRESSURE ON HOLDERS OF SUCH PASSPORTS TO DECAMP TO THE UK BEFORE THAT DATE.

(B) RIGHT OF ABODE COULD NOT/NOT BE TRANSFERRED TO THE HOLDER OF A

• BN (0) PASSPORT, AND SO CONTINUE BEYOND 1997 BECAUSE THE UK MEMORANDUM ATTACHED TO THE JOINT DECLARATION STATES IN TERMS THAT THE APPROPRIATE DOCUMENT (NOW THE BN(0)) WILL NOT/NOT CONFER RIGHT OF ABODE IN THE UK (JD 226)

IT IS

NEVERTHELESS THERE IN BLACK AND WHITE AND WE CANNOT GO AGAINST IT WITHOUT UNDERMINING THE INTEGRITY OF THE JOINT DECLARATION ITSELF.

(C) THE IDEA OF A CHOP IN THE PASSPORT STATING THAT THE DOCUMENT CONFERS RIGHT OF ABODE IN THE U.K. WOULD APPEAR TO CREATE A NEW

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