TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 230

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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FM HONG KONG

TO IMMEDIATE FCO

TELNO 106

OF 09120OZ JANUARY 90

HKC340/1

RECEIVED IN REGISTRY

14 FEB 1990

DESK OFFICER INDEX

PA

REGISTRY

INFO IMMEDIATE PEKING, KREP JEG HONG ken

Tur

3

000247

MDHIAN 1790

DIST ?

THE UK NATIONALITY SCHEME: CHINESE COMMENTS

THE WEN WEI PO OF TODAY CARRIES AN INSPIRED ARTICLE CRITICISING THE SCHEME AS CONTRAVENING THE JD AND UNDERMINING THE STABILITY OF HONG KONG. WE SUSPECT THAT THE CHINESE MAY DEPLOY SIMILAR ARGUMENTS WHEN I RAISE THE SCHEME DURING MY VISIT TO PEKING. THE MAIN POINTS OF

THE ARTICLE ARE AS FOLLOWS:-

(A) ANYTHING WHICH IS HARMFUL TO A SMOOTH TRANSITION IS

INCONSISTENT WITH THE SPIRIT OF THE JD. THE SCHEME IS DIVISIVE AND SOWS SEEDS OF TROUBLE FOR THE SAR.

(B) THE SCHEME IS TARGETED AT THE PILLARS OF THE HONG KONG COMMUNITY. WHAT WILL HAPPEN TO HONG KONG IF THESE PEOPLE LEAVE HONG KONG FOR THE UK?

(C) IF CIVIL SERVANTS COVERED BY THE SCHEME REMAIN IN HONG KONG, HOW IS THE ALLEGIANCE PROBLEM GOING TO BE SOLVED? JD 14 IS BASED ON THE PREMISE THAT CHINESE CIVIL SERVANTS WILL NOT BECOME BRITISH CITIZENS. HENCE, THE PACKAGE WILL CREATE OPERATIONAL DIFFICULTIES FOR THE SARG.

(D) REGARDLESS OF HOW THEY ARE NAMED, ALL INTERNATIONAL AGREEMENTS ARE BINDING AND THIS PRINCIPLE APPLIES TO THE UK MEMORANDUM ATTACHED TO THE JD. THOSE WHO CLAIM THAT THE MEMORANDUM IS NOT

BINDING ON THE UK HAVE INFACT RECOGNISED THAT THE UK HAS CONTRAVENED THE MEMORANDUM.

(E) THE DIFFERENCE BETWEEN THE BN (0) AND THE BC STATUS IS THE RIGHT

OF ABODE IN THE UK. ARGUMENTS BASED ON THE REFERENCE POINT OF 1 JULY 1997 ARE INVALID, OTHERWISE ALL EXISTING BDTCS COULD BECOME BCS DURING THE TRANSITIONAL PERIOD.

(F) THE RECENT CHINESE REACTION DOES NOT CONTRADICT AN EARLIER STATEMENT THAT THE SCHEME WAS A MATTER FOR THE BRITISH SIDE, BECAUSE THE EARLIER STATEMENT WAS MADE IN RESPONSE TO AN EXPRESSION

1

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