TNAG-2032-FCO40-2895-Visit-by-Douglas-Hurd--Secretary-of-State-for-Foreign-and-Co-1990 — Page 50

1990-01-16 14:58 CUT RADIO TECH SERVICES,

01 928 8607

P.11

TRANSCRIPT D: FOREIGN BEC

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P.C.

HONG KONG

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16 JAN 90

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FOREIGN SECRETARY (COITD);

discussions we have had, the discussions I have had with OMELCO, the

points raised with me here, and the points which have been discussed

with the People's Republic, go wiper and they cover the kind of

point you mention.

QUESTION:

If the best way of political development is to agree on

something that will continue, will you do the same in enacting the

Bill of Rights, namely to amend the letters patent by mirror-imaging

Article 39 of the Basic Law so that the Bill of Rights could be

safely entrenched by the letters patent before 1997 and by Article

39 of the Basic Law after 1997?

On consular protection, those people who got British

nationality are still Chinese nationals under the Chinese

Mationality Law and in the case of dual nationality, Britain has no

genuine and effective lien with those people because they have all

their friends and property bare, so how could Britain clain

diplomatic protection over them after 1997?

FORBIGI SECRETARY:

My understanding is that they would not have dual nationality

and that therefore would be entitled to consular protection.

That

is a matter of Chinese law but I believe that what I have said is

right.