TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 155

CONFIDENTIAL

057200 MDHOAN 1942

3.

AS TO THE SPECIFIC QUALIFICATIONS PROPOSED, BOTH NATIONALITY AND THE ABSENCE OF A RIGHT OF ABODE IN A THIRD COUNTRY ARE FACTORS WHICH COULD BE REASONABLY ARGUED TO BE RELEVANT TO THE GENUINENESS OF A LOCAL CONNECTION. A NATIONALITY REQUIREMENT IS NOT UNUSUAL IN NATIONAL LEGISLATURES AND A RIGHT OF ABODE IN A THIRD COUNTRY RAISES SIMILAR QUESTIONS. THE PROPOSED QUALIFICATIONS ARE NOT IN THEMSELVES UNREASONABLE.

4. OUR LEGAL ADVISERS CONCLUDE, THEREFORE, THAT A NATIONALITY RESTRICTION ON THE WHOLE LEGISLATURE IS NOT CONTRARY TO THE JD. IF FOLLOWS, THEREFORE, THAT THE CURRENT PROPOSAL TO LIMIT TO 15 PERCENT THOSE MEMBERS OF THE LEGISLATURE WHO MAY HAVE THE

ADDITIONAL QUALITIES OF A DIFFERENT NATIONALITY OR A RIGHT OF ABODE IS ALSO NOT INCONSISTENT WITH THE JOINT DECLARATION.

WHETHER THE PROPOSED LIMITATION TO 15 PERCENT MEMBERSHIP IS

WORKABLE IS ANOTHER MATTER.

5. ON PREVIOUS OCCASIONS JD 74 HAS BEEN INTRODUCED INTO THE ARGUMENT THAT A NATIONALITY REQUIREMENT OF ANY KIND IN ANY OTHER

SPHERE IS INCONSISTENT WITH THE JOINT DECLARATION, BUT JD 74

DEALS WITH THE PUBLIC SERVICE ONLY. OUR LEGAL ADVISERS ARE CLEAR

THAT JD 74 CANNOT BE ADDUCED IN CONNECTION WITH THE MEMBERSHIP OF

THE LEGISLATURE.

6. THE ABOVE VIEW IS BASED EXCLUSIVELY ON THE CONSTRUCTION OF THE JOINT DECLARATION (IE NOT THE CONTENT OF THE NEGOTIATION).

HURD

YYYY

DISTRIBUTION

62

ΜΑΙΝ

59

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

HKD

HD/FED

RESEARCH (FE)

PUSD

NEWS D

PS/MR MAUDE

PS/LORD BRABAZON

MR GILLMORE

MR MCLAREN

MR BLATHERWICK

MR MOSS

ADDITIONAL

3

MR WHOMERSLEY LEGAL ADV

MS BARRETT LEGAL ADV

NNNN

PAGE

MR FIFOOT HKD

2

CONFIDENTIAL