TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 219

RESTRICTED

RESTRICTED

FM HONG KONG

TO IMMEDIATE FCO

TELNO 239

OF 18110OZ JANUARY 90

HKC340 RECEIVED IN REGISTRY

12 FEB 1990

DESK OFFICER

INDEX

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

PA

REGISTRY

Action Taken

7

030018

MDHIAN 2987

PEKING: PLEASE PASS TO KEVIN HO VISITING

BASIC LAW: NATIONALITY AND RIGHT OF ABODE RESTRICTIONS: PRESS REPORTS

1. TODAY'S PRESS REPORTED WIDELY ON THE DECISION OF THE BLDC POLITICAL SUBGROUP THAT ART. 44, 55, 61, 70 AND 89 SHOULD BE AMENDED TO INCLUDE THE ADDITIONAL RESTRICTION THAT THE CE, PRINCIPAL OFFICIALS, EXCO MEMBERS, PRESIDENT OF LEGCO, THE CHIEF JUSTICE OF THE CFA AND THE CHIEF JUDGE OF THE HIGH COURT SHOULD BE PERSONS WITHOUT THE RIGHT OF ABODE IN FOREIGN COUNTRIES. (NOTE: CONTRARY TO OTHER NEWSPAPERS, THE SCMP REPORTED THAT THE SUBGROUP WAS YET UNDECIDED ON WHETHER THE RESTRICTION SHOULD BE APPLIED TO THE CHIEF JUDGE AND THE CHIEF JUSTICE.)

2. RAYMOND WU WAS QUOTED TO HAVE COMMENTED THAT THE AMENDMENT WAS NECESSARY AS IT WAS NOT JUST A MATTER OF AL EGIANCE, WHICH COULD BE SOLVED BY REQUIRING A PERSON TO TAKE AN OATH, BUT ALSO A MATTER OF SOVEREIGNTY. LU PING WAS REPORTED AS HAVING SAID THAT THE RESTRICTION WOULD NOT AFFECT CIVIL SERVANTS WHO WERE NOT PRINCIPAL OFFICIALS: THEY COULD HAVE THE RIGHT OF ABODE IN FOREIGN COUNTRIES BUT THEY WOULD STILL BE REGARDED AS CHINESE NATIONALS AND WOULD NOT BE ENTITLED TO FOREIGN CONSULAR PROTECTION. SOME SUB-GROUP MEMBERS ALSO POINTED OUT THAT SETTLEMENT ABROAD (NOTE: THE HKEJ QUOTED XIAO WEIYUN AS REFERRING TO THE RIGHT OF ABODE IN FOREIGN COUNTRIES) WOULD NOT COVER RESIDENCE IN OTHER COUNTRIES FOR STUDY, TRAVEL AND BUSINESS PURPOSES.

3. IT WAS ALSO REPORTED THAT THE SUB-GROUP WAS STILL CONSIDERING WHETHER THE CE, WHO HAD ACCESS TO A LOT OF CONFIDENTIAL INFORMATION, SHOULD BE BARRED, FOR A CERTAIN PERIOD AFTER HIS TERM HAD EXPIRED, FROM LEAVING HONG KONG TO SETTLE IN A FOREIGN COUNTRY.

4. MOST PAPERS ALSO REPORTED THAT SOME SUBGROUP MEMBERS PROPOSED THE IMPOSITION OF A NATIONALITY RESTRICTION ON LEGCO MEMBERSHIP, OR THE MAJORITY OF IT, OR ONLY THOSE LEGCO MEMBERS RETURNED BY DIRECT

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