TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 151

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SERVANTS WITH FULL BRITISH CONSULAR PROTECTION IN THE SAR WILL BE

ANATHEMA TO THE CHINESE.

3. IF WE FAIL TO REACH AN UNDERSTANDING WITH THE CHINESE, THERE APPEAR TO BE TWO DIRECT RESPONSES THEY CAN MAKE :

A) TO REFUSE TO RECOGNISE THE ACQUISITION OF CITIZENSHIP UNDER OUR

PACKAGE. THUS THOSE WHOM THE SCHEME SOUGHT TO REASURE WOULD STILL

BE REGARDED AS CHINESE NATIONALS AND DEPRIVED OF CONSULAR

PROTECTION IN THE SAR OR MAINLAND CHINA :

B) TO INCREASE THE NUMBER OF CIVIL SERVICE POSTS RESTRICTED TO CHINESE NATIONALS. AT THE SAME TIME THEY COULD DEFINE ''CHINESE NATIONALS'' FOR THIS PURPOSE AS BEING THOSE WHO DO NOT/NOT HAVE RIGHT OF ABODE ABROAD, THUS DEBARRING THOSE WHO HAVE BENEFITED FROM OUR PACKAGE. THEY WOULD OF COURSE CONTINUE TO MAKE DAMAGING PUBLIC STATEMENTS. AS NOTED IN TUR, THEY COULD ALSO CLAIM THAT AS OUR PACKAGE WAS A BREACH OF OUR MEMORANDUM THEY THEREFORE COULD REINTERPRET THEIR OWN, OR INDEED OTHER PARTS OF THE JD. THIS WOULD REFLECT THEIR BELIEF THAT THE NATIONALITY QUESTION WAS SETTLED BY THE EXCHANGE OF MEMORANDA IN 1984, AND THEIR DISMAY AT DISCOVERING THAT THIS WAS NOT THE CASE.

4. BEFORE APPROACHING THE CHINESE WE MUST DECIDE CLEARLY WHETHER THE PURPOSE OF OUR PACKAGE WAS TO PROVIDE REASSURANCE CA) ONLY THROUGH PROVISION OF THE RIGHT OF ABODE IN THE UK, OR (B) ALSO THROUGH PROVISION OF CONSULAR PROTECTION IN HONG KONG. IF IT WAS (B) WE WILL NEED BOTH TO PERSUADE THE CHINESE TO RECOGNISE ACQUISITION OF BRITISH CITIZENSHIP UNDER THE PACKAGE AS A RENUNCIATION OF CHINESE NATIONALITY AND TO DISSUADE THEM FROM INCREASING THE CHINESE NATIONALITY RESTRICTIONS ON CIVIL SERVICE POSTS. AT THE SAME TIME, WE WOULD HAVE TO RECOGNISE THAT THOSE WHO BENEFITTED UNDER THE PACKAGE WOULD NOT BE ELIGIBLE FOR THE SENIOR POSTS LIMITED TO CHINESE NATIONALS. IF IT WAS (A), WE NEED ONLY TO DISSUADE THE CHINESE FROM INCREASING THE CHINESE NATIONALITY RESTRICTION ON CIVIL SERVICE POSTS AND FROM DEFINING THE RESTRICTION IN TERMS OF RIGHT OF ABODE OVERSEAS.

5. I AGREE WITH TUR THAT THE 15 PERCENT NATIONALILY RESTRICTION ON

THE LEGISLATURE SHOULD NOT/NOT FORM PART OF OUR GENERAL APPROACH ON NATIONALITY BUT BE DEALT WITH IN DISCUSSIONS ON POLITICAL STRUCTURE.

6. IN APPROACHING THE CHINESE ON THE GENERAL QUESTION, WE MAY

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