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9. OUR PREFERENCE WOULD BE FOR ANY SUCH BRIEFING TO BE CONDUCTED THROUGH THE JLG CHANNEL: THIS WOULD PROVIDE AN OPPORTUNITY FOR AN INFORMAL EXCHANGE IN WHICH EXPERTS COULD ALSO PARTICIPATE. APART FROM DISPELLING ANY MISCONCEPTIONS ABOUT THE PURPOSE AND NATURE OF THE SCHEME, OUR IMMEDIATE OBJECTIVE WOULD BE TO SEEK TO PERSUADE THE CHINESE TO REFRAIN FROM MAKING FURTHER UNHELPFUL STATEMENTS WHEN THE FULL DETAILS OF THE SCHEME ARE MADE PUBLIC. WE WOULD NOT, AT THIS STAGE, RAISE THE ISSUE OF THE STATUS OF BENEFICIARIES OF THE SCHEME VIS-A-VIS THE CNL, BUT MIGHT ASK HOW THE CHINESE SEE THE PROBLEM IN GENERAL, THUS PLACING THE ONUS ON THEM TO RAISE ANY PRACTICAL PROBLEMS FLOWING FROM THEIR STANCE. WE WOULD THEREBY SEEK TO AVOID BEING PLACED IN THE POSITION OF DEMANDEUR.
LONGER TERM STRATEGY
10. ONCE THE BASIC LAW IS PROMULGATED WE WILL NEED TO RESUME EXCHANGES WITH THE CHINESE IN THE JLG ON THE IMPLICATIONS OF THE CNL FOR HONG KONG RESIDENTS, AND OTHER RELATED NATIONALITY ISSUES WHICH HAVE, TO ALL INTENTS AND PURPOSES, BEEN STALLED SINCE JLG IX. WE BELIEVE THAT DISCUSSION OF THESE ISSUES WILL INEVITABLY RAISE THE QUESTION OF HOW IT IS PROPOSED TO DEFINE A NON-CHINESE NATIONAL IN HONG KONG LAW AND THUS PROVIDE AN OPPORTUNITY TO CLARIFY THE STATUS OF BENEFICIARIES OF THE UK AND SIMILAR NATIONALITY SCHEMES. BUT AT THE AT STAGE THE APPROACH TO THIS ISSUE WOULD STILL BE INDIRECT, E.G. WE WOULD ASK HOW THE STIPULATION IN THE CNL THAT STATE FUNCTIONARIES CANNOT RENOUNCE CHINESE NATIONALITY WOULD BE APPLIED IN THE SAR, GIVEN THAT THE JD ALLOWS FOREIGN NATIONALS TO BE EMPLOYED IN THE SAR CIVIL SERVICE. WE COULD ASK ABOUT THE STATUS
OF THE INDIAN COMMUNITY IN CHINESE EYES.
ASSESSMENT OF THE IMPACT IN HONG KONG OF HMG'S PRESS STATEMENTS
11. IN PARA. 2 OF FIRST TUR YOU HAVE ASKED FOR AN ASSESSMENT OF THE IMPACT IN HONG KONG OF THE PRESS STATEMENTS BY HMG ALONG THE LINES OF PARA 3 OF YOUR TELNO 183. ON THE WHOLE THE PUBLIC HAVE BEEN VERY CRITICAL OF HE NEGATIVE RESPONSE BY THE CHINESE TO THE NATIONALITY SCHEME AND APPEAR TO HAVE WELCOMED THE ROBUST LINE WHICH HAS BEEN TAKEN BY HMG IN THE FACE OF CRITICISM BOTH FROM THE CHINESE AND FROM SOME UK PARLIAMENTARIANS. THERE IS HOWEVER LITTLE LOCAL CONFIDENCE IN THE ARGUMENT USED BY MINISTERS THAT BENEFICIARIES OF THE SCHEME ARE LIKELY TO BE ABLE TO ENJOY BRITISH CONSULAR PROTECTION IN HONG KONG IN VIEW OF THE FACT THAT CHINA DOES NOT RECOGNISE DUAL NATIONALITY. CHINA OF COURSE CONSIDERS THEM CHINESE,
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