TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 201

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MDHIAN 3127

OTHER SIMILAR SCHEMES) AS CHINESE NATIONALS WHEN IN THE SAR: WHILST AT THE SAME TIME POSSIBLY AMENDING THE BASIC LAW TO ENSURE THAT SUCH PERSONS WILL BE BARRED FROM HOLDING KEY POSTS IN THE SARG:

(B) BY ADOPTING THIS APPROACH, THE CHINESE MAY BE HOPING TO UNDERMINE THE VALUE OF THE SCHEME IN THE EYES OF HONG KONG PEOPLE, AND THEREBY POSSIBLY TO LEND WEIGHT TO THE ARGUMENTS OF THOSE IN PARLIAMENT WHO ARE OPPOSED TO THE SCHEME, AND WHO ARGUE THAT IT WILL NOT BE EFFECTIVE IN ANCHORING KEY PEOPLE IN THE TERRITORY: AND

(C) AS A GENERAL POINT, WE SHOULD NOT/NOT RULE OUT THE POSSIBILITY THAT THE CHINESE ARE DEPLOYING A HARDLINE ON THE NATIONALITY SCHEME AS PART OF A GENERAL STRATEGY TO MAINTAIN PRESSURE ON US, ON ALL FRONTS, DURING THIS LAST CRITICAL PERIOD IN THE BASIC LAW DRAFTING PROCESS.

4. WE BELIEVE THE FOLLOWING POINTS ARE ALSO IMPORTANT:

(A) THE COMMENTS THAT HAVE BEEN MADE SO FAR HAVE BEEN MADE BY INDIVIDUAL MEMBERS OF THE BASIC LAW DRAFTING COMMITTEE. THEY DO NOT/NOT AS YET REPRESENT A FORMAL CHINESE GOVERNMENT POSITION:

(B) IN PRACTICE THE RIGHT OF ABODE RESTRICTIONS IMPOSED ON TOP POSTS WILL MAKE LITTLE DIFFERENCE. THE JD AND DRAFT BL ALREADY STATE THAT HOLDERS OF MOST OF THESE POSTS MUST BE CHINESE NATIONALS WHO, BY DEFINITION COULD NOT BE REGARDED BY THE CHINESE AS FOREIGN NATIONALS WITH A RIGHT OF ABODE IN ANOTHER COUNTRY. IN ANY CASE

SOME 30 POSTS ONLY ARE INVOLVED:

(C) HITHERTO THE CHINESE GOVERNMENT HAVE ALWAYS GRANTED FULL RECOGNITION TO THE STATUS OF BRITISH CITIZENS IN TERMS OF THEIR RIGHT TO TRAVEL ON A BRITISH PASSPORT IN THE PRC AND TO ENJOY CONSULAR PROTECTION. ATTEMPTS TO DISTINGUISH BETWEEN CITIZENSHIP ACQUIRED UNDER THIS SCHEME AND BY OTHER ROUTES UNDER THE BNA ARE GOING TO PRESENT THE CHINESE WITH VERY REAL PROBLEMS (SEE PARA 7 BELOW). WE SHOULD THEREFORE NOT CONCLUDE TOO HASTILY THAT THEY WILL ADOPT A DIFFERENT STANCE WITH REGARD TO BENEFICIARIES OF THE NATIONALITY SCHEME FROM THAT ACCORDED TO OTHER FOREIGN NATIONALS.

(D) AN ALTERNATIVE WAY OF PROVIDING REASSURANCE TO THOSE ELIGIBLE TO FILL PRINCIPAL OFFICIAL POSTS AFTER 1997 MIGHT BE TO ENABLE SUCH INDIVIDUALS TO OPT INSTEAD FOR A RIGHT OF ENTRY, RATHER THAN FULL CITIZENSHIP, THEREBY ENABLING THEM TO MEET THE CRITERIA FOR APPOINTMENT TO SUCH POSTS LAID DOWN IN THE JD: