TNAG-2049-FCO40-2919-Visits-by-Lord-Caithness--Minister-of-State-for-Foreign-and--1990 — Page 7

Background

1.

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Following Tiananmen Square, our relations with China

over Hong Kong suffered a set back, from which they have not fully recovered. The Chinese view the Nationality Act and the Bill of Rights with suspicion. They are concerned that Hong Kong is being used as a base for subversion against the mainland. Relations have however improved, following Mr Maude's visit to Peking in July. It was clear that the Chinese attached importance to the visit and considered it a success, and they appear keen to maintain its momentum.

2. JLG XVI was held in London on 25-28 September.

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3.

A Bill of Rights for Hong Kong is expected to become law by the end of the year. It will give clear effect in a single local law to the International Covenant on Civil and Political Rights as applied to Hong Kong and make it justiciable in Hong Kong courts. Since the Basic Law and Joint Declaration provide for the continued application of the Covenant after 1997, the Chinese should have no difficulty. They claim, however, that the Bill of Rights will be superior to the Basic Law. We have rebutted this

argument on many occasions.

4. The British Nationality (Hong Kong) Act 1990 received Royal Assent on 26 July. It will give British citizenship to 50,000 heads of household and their dependents. The fact that it provides for beneficiaries to acquire British

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