TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 127

CONFIDENTIAL

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MDLIAN 9193

HAVE GIVEN UP THEIR CHINESE NATIONALITY

THE SECOND, AND POTENTIALLY LESS CONFRONTATIONAL OPTION, WOULD BE TO SEEK TO PERSUADE THE CHINESE TO DEVISE A MECHANISM WHEREBY HONG KONG CHINESE WHO VOLUNTARILY ACQUIRE FOREIGN CITIZENSHIP BEFORE 1997 SHOULD BE DEEMED, BY SO DOING, TO HAVE GIVEN UP CHINESE NATIONALITY. CIVIL SERVANTS ACQUIRING FOREIGN CITIZENSHIP UNDER SUCH A MECHANISM WOULD HAVE TO RENOUNCE SUCH CITIZENSHIP IF SUBSEQUENTLY THEY WISHED TO BE ELIGIBLE TO FILL PRINCIPAL OFFICIAL POSTS IN THE SAR GOVERNMENT. A VARIANT OF THIS OPTION WOULD BE FOR A MECHANISM TO BE ESTABLISHED (ALTHOUGH THIS WOULD AGAIN PROBABLY ONLY BE POSSIBLE AFTER 1997) BY WHICH HOLDERS OF FOREIGN PASSPORTS COULD APPLY FOR RECOGNITION OF THEIR FOREIGN NATIONALITY CAS OPPOSED TO RENUNCIATION OF CHINESE NATIONALITY). THE CHINESE MIGHT BE ABLE TO JUSTIFY THIS AS AN EXCEPTIONAL INTERPRETATION OF THEIR NATIONALITY LAW MADE NECESSARY BY THE TRANSITION FROM COLONIAL

RULE.

6. OUR PRELIMINARY VIEW IS THAT THE SECOND APPROACH MAY OFFER THE BETTER HOPE OF ACHIEVING OUR OBJECTIVE.

TIMING AND STRATEGY IN APPROACHING THE CHINESE

7. WE THINK THAT ANY ATTEMPT TO ELICIT A HELPFUL RESPONSE FROM THE CHINESE IN THE PRESENT POLITICAL CLIMATE IS PROBABLY DOOMED. THE IMMEDIATE CONSEQUENCES OF THE CHINESE MFA STATEMENT, I.E. THE PROPOSED INCLUSION OF NEW RIGHT OF ABODE RESTRICTIONS IN THE BASIC LAW AND THE STATEMENTS MADE BY LU PING AND OTHERS (OUR TELNO 215), SUGGEST THAT IT WILL BE VERY HARD TO PERSUADE THEM AT PRESENT NOT TO REGARD AS CHINESE NATIONALS, IN THE HKSAR, PERSONS WHO HAVE ACQUIRED FOREIGN PASSPORTS WITHOUT HAVING SATISFIED ARTICLE 9 OF THE CNL. AT THE MOMENT THE CHINESE ARE PROBABLY HOPING THAT THE PROPOSED LEGISLATION WILL NOT PASS THROUGH PARLIAMENT AND MUST BE AWARE THAT THEIR HARD-LINE STANCE HAS LENT AMMUNITION TO THOSE

BRITISH MPS WHO ARE OPPOSING THE SCHEME.

·

8. WE NEVERTHELESS AGREE WITH YOU AND PEKING THAT THERE WOULD BE MERIT IN APPROACHING THE CHINESE, IN THE FAIRLY NEAR FUTURE (BUT AFTER OUR DISCUSSIONS ON THE POLITICAL STRUCTURE HAVE BEEN FINALLY CONCLUDED) TO EXPLAIN AGAIN CLEARLY THE PURPOSE AND CONTENTS OF THE UK PACKAGE AND THE REASONING BEHIND OUR DECISION TO GO FOR PASSPORTS RATHER THAN ENTRY CERTIFICATES. THIS MIGHT BE JUST AFTER PROMULGATION OF THE BASIC LAW, BUT BEFORE PUBLICATION OF THE HONG KONG NATIONALITY BILL, I.E. SHORTLY BEFORE EASTER.

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