TNAG-1991-FCO40-2831-Future-of-Hong-Kong-British-Nationality-(Hong-Kong)-Selectio-1990 — Page 90

SECRET

SECRET FM FCO

TO IMMEDIATE HONG KONG

TELNO

2409

OF 301435Z NOVEMBER 89

HACD 340/18 нко

RECEIVED IN REGISTRY

05 JAN 1990

DESK OFFICER

REGISTRY

17

054637

MDHOAN 8792

PERSONAL FOR GOVERNOR FROM PAUL HONG KONG: NATIONALITY

Winese reactions. dad de mort plaidligh

INDEX

PA

Action Taken

HKD

in co

castravention of

1. IN A MEETING TODAY WITH THE SECRETARY OF STATE, THE HOME SECRETARY FLOATED THE IDEA OF A SCHEME BASED ON SETTLEMENT GUARANTEES THAT WOULD BE ENTRENCHED IN PRIMARY LEGISLATION.

FEATURTS OF THIS WOULD BE:

-

A BDTC PASSPORT, ISSUED IN LONDON

THE

A CHOP IN THE PASSPORT, STATING THAT THE DOCUMENT CONFERRED THE RIGHT OF ABODE IN THE UK

THE GUARANTEE COULD ONLY BE RENEWED BY FURTHER PRIMARY

LEGISLATION.

THE HOME OFFICE REGARD THE SETTLEMENT GUARANTEE CONCEPT AS ONE WHICH COULD BE PRESENTED AS AN ENTIRELY NEW ARRANGEMENT, UNIQUE TO HONG KONG, AND WOULD BE EXPRESSED IN TERMS WHICH EMPHASISED THE UK'S OBLIGATION IN PERPETUITY TO ENTER AND SETTLE IN THE UK. 2. THE HOME SECRETARY IS NOW CONSULTING THE ATTORNEY GENERAL ON THE EXTENT TO WHICH PRIMARY LEGISLATION WOULD SAFEGUARD THE PROPOSED SETTLEMENT GUARANTEES. THE KEY QUESTION ON WHICH THE ATTORNEY GENERAL'S ADVICE WILL BE NEEDED IS WHETHER THE COURTS WOULD RULE THAT IT WOULD BE

IMPROPER FOR A FUTURE LABOUR GOVERNMENT TO DISMANTLE A SCHEME ENTRENCHED IN PRIMARY LEGISLATION. (THIS IS OF COURSE SEPARATE

FROM THE QUESTION OF WHETHER IT WOULD BE POLITICALLY POSSIBLE FOR

THE LABOUR PARTY TO TAKE SUCH ACTION.)

3. THE SECRETARY OF STATE CONTINUES TO TAKE THE VIEW THAT THE RIGHT ROUTE WOULD BE CITIZENSHIP. HE IS DOUBTFUL WHETHER PRIMARY LEGISLATION WOULD ACHIEVE MR WADDINGTON'S ENTRENCHMENT OBJECTIVE. OUR PRELIMINARY VIEW AT OFFICIAL LEVEL IS THAT MR WADDINGTON'S IDEA WOULD ENTAIL ALL THE DISADVANTAGES OF A LONG AND DIFFICULT

PARLIAMENTARY PROCEDURE WITHOUT THE ADVANTAGES OF ACHIEVING AN

ASSURANCE THAT WOULD COMMAND REAL CONFIDENCE IN HONG KONG.

4. I AM. AFRAID THAT THIS LATEST DEVELOPMENT MEANS THAT THE OD(K)

MEETING SCHEDULED TO TAKE PLACE ON 7 DECEMBER WILL HAVE TO SLIP A LITTLE, PROBABLY TO THE FOLLOWING WEEK. THIS MAKES AN ANNOUNCEMENT OF THE SCHEME BEFORE CHRISTMAS LESS LIKELY, BUT NOT IMPOSSIBLE.

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