TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 52

SECRET

[HKC 340/1

-Cziv

26 MAR 1990

Action Taken

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1046

OF 26114OZ MARCH 90

INFO IMMEDIATE PEKING

INFO PRIORITY UKREP JLG HONG KONG

122464

85

MDHIAN 5884

ра

MIPT: UK NATIONALITY SCHEME : BRIEFING THE CHINESE: DRAFT SPEAKING NOTE (B) REASON FOR OUR CHOOSING TO OFFER CITIZENSHIP RATHER THAN

ENTRY CLEARANCES

1. AS A GENERAL COMMENT WE THINK THE SPEAKING NOT IN YOUR TELNO 622

SLIGHTLY DEFENSIVE IN TONE. WE SUGGEST THAT THE MATERIAL BE RECAST

AS FOLLOWS:

''OUR OVERRIDING OBJECTIVE IN DESIGNING THE SCHEME HAS BEEN TO

PROVIDE THE MOST EFFECTIVE MEANS OF RETAINING KEY PEOPLE IN HONG KONG. AFTER CAREFUL CONSIDERATION, WE CAME TO THE CONCLUSION THAT THE ONLY WAY OF ACHIEVING THIS OBJECTIVE WAS TO OFFER FULL CITIZENSHIP TO BENEFICIARIES OF THE SCHEME.

WE COULD, INSTEAD, HAVE CHOSEN TO OFFER BENEFICIARIES AN OPEN-ENDED CLEARANCE TO ENTER THE UNITED KINGDOM, RATHER THAN FULL CITIZENSHIP. THIS WOULD HAVE BEEN A MUCH SIMPLER COURSE IN SOME WAYS, BECAUSE IT WOULD NOT HAVE REQUIRED THE ENACTMENT OF NEW PRIMARY LEGISLATION. IT WOULD HAVE MADE THE PARLIAMENTARY PROCEDURES SIGNIFICANTLY EASIER.

WE WERE CONCERNED, HOWEVER, THAT THIS APPROACH MIGHT NOT PROVIDE HONG KONG PEOPLE WITH THE NECESSARY DEGREE OF ASSURANCE, GIVEN THE WIDESPREAD FEAR THAT SUCH A SCHEME MIGHT BE RESCINDED BY A FUTURE GOVERNMENT. GIVEN THIS FEAR, MANY BENEFICIARIES MIGHT HAVE OPTED TO MOVE TO BRITAIN STRAIGHTAWAY, THEREBY UNDERMINING THE WHOLE OBJECTIVE OF THE SCHEME. THE GRANT OF FULL CITIZENSHIP HAS THE VERY SIGNIFICANT ADVANTAGE THAT IT WILL BE SECURED BY ACT OF PARLIAMENT, AND WILL CARRY WITH IT A STATUTORY RIGHT OF ABODE IN THE UK. THIS WILL GIVE BENEFICIARIES THE CONFIDENCE TO STAY IN HONG KONG.''

2. OUR SUGGESTED REDRAFT OF THE PENULTIMATE SENTENCE OF PARAGRAPH 3 REQUIRES SOME EXPLANATION. WE ARE CONCERNED THAT THE THOUGHT CONTAINED IN YOUR ORIGINAL FORMULATION I.E. THAT THE GRANT OF CITIZENSHIP WILL GIVE THE BENEFICIARIES A RIGHT 'WHICH CANNOT BE

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