TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 150

CONFIDENTIAL

CONFIDENTIAL

FM PEKING

TO IMMEDIATE FCO

TELNO 133

OF 270714Z JANUARY 90

HKC340 IN

RECEIVED

DESK OFFICER

PA

REGISTRY

1990

REGISTRY Action Taken

INFO IMMEDIATE HONG KONG, UKREP JLG HONG KONG

33

36

057641

MDHIAN 4151

YOUR TELNO 239 : UK NATIONALITY SCHEME : CHINESE VIEWS.

1. IN APPROACHING THE CHINESE, I SUGGEST WE SHOULD FIRST AIM TO PERSUADE THEM TO STOP MAKING DAMAGING PUBLIC STATEMENTS. WE SHOULD THEN AIM TO PREVENT THEM TAKING CONCRETE MEASURES IN RETALIATION PARTICULARLY BEFORE THE TEXT OF THE BASIC LAW IS CONSIDERED BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS BEGINNING ON 20 FEBRUARY. WE WILL NEED TO TAKE CAREFUL ACCOUNT OF THE CONCERNS BEHIND RECENT CHINESE STATEMENTS. I SEE THESE AS BEING THREE :

A) THE ALLEGIANCE OF PUBLIC SERVANTS AND OTHERS ESSENTIAL TO THE FUTURE OF HONG KONG. AS PART OF THEIR GENERAL FEAR ABOUT A BRITISH CONSPIRACY TO RETAIN CONTROL AFTER 1997, THE CHINESE HAVE ALWAYS BEEN WORRIED ABOUT THE ALLEGIANCE OF PUBLIC SERVANTS AND OTHERS WHO HOLD FOREIGN CITIZENSHIP. IN THEIR VIEW, OUR NATIONALITY PACKAGE RADICALLY INCREASES THE NUMBER OF THOSE WHO FALL INTO THIS CATEGORY :

B) THE CHINESE WERE CLEARLY ANGERED BY OUR FAILURE TO CONSULT WITH THEM ABOUT THE PACKAGE AND THE SHORT NOTICE WE GAVE THEM OF ITS ANNOUNCEMENT :

C) THE PACKAGE POSES REAL TECHNICAL PROBLEMS FOR THE CHINESE IN THE CONTEXT OF THEIR NATIONALITY LAW (CNL). AS RECOGNIZED IN HONG KONG TELNO 256, THE CNL DOES NOT RECOGNISE DUAL NATIONALITY AND THIS CREATES A PROBLEM FOR THE CHINESE IN HOW TO DEAL WITH THOSE WHO WILL RECEIVE BRITISH CITIZENSHIP UNDER OUR PACKAGE. IF THE CHINESE RECOGNISE THE BRITISH CITIZENSHIP OF THE BENEFICIARIES, IT WILL RESULT IN A RADICAL INCREASE IN THE NUMBER OF PUBLIC SERVANTS

WHO CAN CLAIM CONSULAR PROTECTION IN THE SAR.

2. MUCH OF OUR CHANCE OF SUCCESS IN APPROACHING THE CHINESE WILL DEPEND ON THE BALANCE OF IMPORTANCE WHICH THEY ATTACH TO THESE THREE CONCERNS. WHILE THE LAST TWO SHOULD BE RELATIVELY EASY TO HANDLE, THE CONCERN ABOUT DUAL ALLEGIANCE WILL BE VERY DIFFICULT FOR US TO ALLAY. THE PROSPECT OF ETHNIC CHINESE SENIOR CIVIL

1

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