TNAG-2160-FCO40-3080-Hong-Kong-nationality-package-Chinese-views-1990 — Page 8

CONFIDENTIAL

Government of the United Kingdom." The status ultimately decided upon by the UK was that of a British National

(Overseas) (ie BN (0)).

C 3. The Chinese memoradum states that "all Hong Kong Chinese

compatriots whether they are holders of the "British

Dependent Territories Citizens Passport" or not are Chinese nationals." Having established this overriding principle

they then go on to say that taking account of the historical

background to Hong Kong these "Chinese nationals" would be permitted to use travel documents [ie. British passports] issued by the Government of the United Kingdom for the

purpose of travelling to other states and regions. But that they would not be entitled to consular protection in any

part of China. In effect this memorandum allows the Chinese

to fudge the conflict with their nationality law. It enables them to accept that Hong Kong people may continue to carry British passports without actually conceding they do

so because they have some residual British status as a

BN (0); hence the reference to "travel documents" instead of

passports and the insistence that these documents would not

be valid for travel to other parts of China.

4. As far as consular protection is concerned, where an individual is claimed by two or more countries as a national

(whatever the attitude of one of the countries concerned to

the concept of dual nationality) it would not normally be

our practice to seek to exercise consular protection in the

country of that person's other nationality. We would not

therefore in normal circumstances, expect to exercise consular protection in China (including Hong Kong) in

respect of Hong Kong inhabitants who were both Chinese

citizens and had British citizenship of a residual British

status as a BN (O) after 1997.

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5. In the particular circumstances of Hong Kong however, we have not sought to publicise this aspect of our policy. We would not wish to create the impression that we plan to "abandon" Hong Kong people after 1997. Indeed in the past we have routinely sought information about Hong Kong people in China arrested by the authorities and, whilst denying our right to seek such information as a matter of policy the Chinese authorities have frequently been cooperative in such cases. This modus vivendi may well come to an end in 1997 when we can no longer claim sovereignty over Hong

Kong.

6.

In short therefore, there is no conflict between the UK and Chinese memoranda; indeed you could say that they are skillfully worded ways in which to reserve our respective positions without allowing our policies to come into

conflict.

The Morrison Bill

7. The Chinese have so far refrained from any public

comment on the Morrison Bill. They made clear to us after

the announcement of our package that what really offended them was our presumption at seeking to determine the

nationality status of "Chinese citizens" (see above). I

suspect that the Chinese do not object to the Morrison Bill

because it seeks to give visas and not nationality. They

have begun however to express concern over the brain drain

in Hong Kong. Characteristically they have sought to blame this on the nationality package rather than accept it as an attempt to discourage emigration. They may be prepared to take a more pragmatic view of the Morrison Bill.

ARPanc

A R Paul

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09-AUG-1990

14:27

الله

CONSTITUTIONAL AFFAIRS BR

Mr Morn's C/R

+ 85% 840 1538

Ik Telmo 2465 reces

HKC340

Mr Stone

Misj

Mr

Marsden Fifoot.

Summary translation of an article extracted

from the Wen Wei Po of 2 August 1990

-9 AUG 1990: The same freedom of entry and exit

Author Al Chi

STRY

laken

168

Mr

2

In discussing the statement by the Chine: Ministry of Foreign Affairs on the UK Nationality Schem the Chinese side made it clear that Chinese nationa holding British Citizen passports (issued under ti Scheme) cannot use these documents to enter or leave HKS.

or other parts of China in future. This has again arous people's attention.

2.

In fact this is not the first time this point w raised. A few months ago, Li Hou and Lu Ping, two Vic Directors of the HKMAO, State Council had, in response press enquiry, discussed these principles and the reason behind them. The Chinese side have made known such attitude: those who obtain British Citizen passports unde the UK nationality package cannot use such passports i enter or leave Hong Kong and other

Kong and other parts of China. T Chinese side have no say on what documents one uses t travel to whatever places once outside the above area: In other words, China is adopting corresponding measure on her own territory (and can adopt corresponding measure on her own territory only).

3.

Some people are worried that this Chinese stanc will affect Hong Kong people's freedom of entry and exi in future. Such worries are not warranted. When enterin or leaving Hong Kong, Hong Kong residents need not us passports. They may

may use identity cards. If they woul like to use passports, they may use passports issued b the future SAR and it is not necessary for them

them to w British Citizen passports. Furthermore, they may use passports, which is a travel document that the Chinese British sides agreed after consultation that BDTCs Hong Kong people may use after 1997.

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