TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 200

SECRET

FM HONG KONG

TELNO 256

TO DESKBY 19090OZ FCO

OF 19082OZ JANUARY 90

SECRET

HKC340/1

RECEIVED IN REGISTRY

12 re

1990

DESK OFFICER INDEX

PA

REGISTRY Action Taken

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

15

032777

MDHIAN 3127

TOP COPY Q DIST?

YOUR TELNO 183: UK NATIONALITY SCHEME: CHINESE VIEWS

1. THE FOLLOWING IS OUR ASSESSMENT OF THE PRESENT CHINESE POSITION AND OUR PRELIMINARY VIEWS ON A POSSIBLE WAY FORWARD.

BACKGROUND

2. UNDER THE TERMS OF THE CNL DUAL NATIONALITY IS NOT RECOGNISED: AN INDIVIDUAL IS DEEMED TO HAVE LOST HIS CHINESE NATIONALITY ONLY WHEN HE HAS ACQUIRED A FOREIGN NATIONALITY THROUGH SETTLEMENT ABROAD, OR IF HE HAS HAD OFFICIAL APPROVAL TO RENOUNCE HIS CHINESE NATIONALITY. THE FACT THAT THE UK NATIONALITY SCHEME SPECIFICALLY PROVIDES FOR ITS BENEFICIARIES TO ACQUIRE BRITISH CITIZENSHIP WITHOUT SETTLEMENT IN THE UK THEREFORE PRESENTS THE CHINESE WITH A DILEMMA. IF THEY RECOGNISE THOSE WHO ACQUIRE CITIZENSHIP UNDER THE SCHEME AS FULL BRITISH CITIZENS, THEY FACE THE PROSPECT OF A SIGNIFICANT SECTOR OF THE CIVIL SERVICE HAVING FOREIGN NATIONALITY, INCLUDING CONSULAR PROTECTION IN THE SAR AND OTHER PARTS OF CHINA. IF, HOWEVER, THEY DECLINE TO RECOGNISE BENEFICIARIES UNDER THE SCHEME AS FULL BRITISH CITIZENS (BY CITING THE CNL PROVISIONS) THEY MUST, OF NECESSITY, REGARD THEM AS CHINESE NATIONALS WHILST IN THE SAR, AND THEREFORE ELIGIBLE TO FILL THE TOP GOVERNMENT POSTS WHICH, UNDER THE JD ARE TO BE RESTRICTED TO CHINESE NATIONALS. THE CHINESE HAVE ALREADY EXPRESSED CONCERN AS REGARDS THE ALLEGIANCE OF INDIVIDUALS WITH FOREIGN PASSPORTS: THEY CLEARLY ALSO SEE AN IMPLIED THREAT TO THEIR SOVEREIGNTY OVER THE SAR IF KEY PLAYERS IN THE CIVIL SERVICE, AND ON THE POLITICAL SCENE GENERALLY, ARE FOREIGN NATIONALS.

ASSESSMENT

3. OUR ASSESSMENT IS THAT:

(A) THE CHINESE ARE NOW SEEKING TO REDUCE THE IMPACT OF THE NATIONALITY SCHEME BY MANOEUVRING THEMSELVES INTO A POSITION WHERE THEY CAN RESERVE THE RIGHT TO REGARD PERSONS COVERED BY IT (AND ANY

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