B
CONFIDENTIAL
1. I am sure that the legal position is correctly described in this submission and in Mr Fifoot's minute of 21 March. But the statement that it would be "against our practice" to seek to exercise consular protection in the case of a Hong Kong Chinese living and working in the SAR who had taken British nationality without renouncing Chinese nationality needs qualification. It has in fact been our practice, particularly in recent years, to give what protection we can to Hong Kong people who get into difficulties in China, whether or not they are BDTCS. The Chinese do not accept that we have any formal right to do this, but in some cases provide information in response to our enquiries.
2.
The problem is as much a political as a legal one. The real issue is not consular protection but freedom of travel, and the ability of recipients of British citizenship under our scheme to come to the UK permanently should they so wish. But, as Mr Paul says, we do need to make it clear that full British citizens in Hong Kong after 1997 will not be regarded and treated by the British Government as second-class citizens.
3.
But I
Given the nature of the Chinese Nationality Law, it is very unlikely that we will ever reach a satisfactory agreement with the Chinese on the principles involved. do not despair of our eventually achieving an understanding on the practical implications of the grant of British citizenship to 50,000 families. We will not secure such an understanding in the short term and it would probably be counterproductive to try to do so with the Chinese leadership in its prsent mood of intense suspicion of British motives and intentions. But the Chinese themselves are likely in due course to see the need for some pragmatic arrangement.
4. Against this background, I am content with the non-provocative Line to Take recommended by the Department. But I would advise against using the final two tirets, even if pressed. Whatever the legal position, I have no doubt that we will want to continue to make representations on behalf of British citizens in Hong Kong who get into difficulties, whether in China or with the SAR authorities.
5 April 1990
CONFIDENTIAL
RJT McLaren
/Cc:
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