CONFIDENTIAL
be entitled to British Consular protection but should be able to
hold any post in the SAR. Conversely, if they decide to treat them
as British they can legitimately bar them from certain posts but would have to extend Consular protection. Lu Ping's remarks are
to some extent illogical.
4. We are very unlikely to reach agreement with the Chinese either
on a legal or practical basis. The most we can hope for is to agree
to differ with minimal damage to confidence in Hong Kong. We cannot
in practice secure Consular protection for these people in the SAR
(cf the position of Hong Kong residents presently who travel in
China). The Chinese can also prevent them reaching high office in
the SAR (indeed the Joint Declaration and current draft Basic Law
provide for this). The key points to get across will be that the people concerned can continue to work in the SAR, will have freedom of movement under the JD and Basic Law and can, if they need to
leave Hong Kong and settle in the UK. The essence of our assurances
scheme therefore remains intact.
5. The current position on restrictions on holding office in the
SAR are as follows:
(a) JD 74 states that British and other foreign nationals may
be public servants except for certain high level specified
posts.
(b) JD 46 states that Government and Legislature should be composed of local inhabitants.
(c) Basic Law Articles 44, 61, and 70 provide that the Chief
Executive, pricipal officials of the SAR and the President of the Legislature shall be Chinese citizens.
WINAAY (3)
CONFIDENTIAL
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