TNAG-2192-FCO40-3129-Hong-Kong-nationality-package-1990 — Page 56

CONFIDENTIAL

нко

34014

RECEIVED IN REGISTRY

23 MAY 1990

DESK OFFICER INDEX

FROM:

A R Paul

Hong Kong Department

REGISTRY

DATE:

12 March 1990

PA

Action Teken

CC:

Mr McLaren

PS/Mr Maude Notte она

саа

ad to

HONG KONG ASSURANCES: CONCESSIONS

to Allaries

C

п

1777

1. I undertook to let Mr Maude have a note on possible concessions

that we might consider making during the passage of the Hong Kong

Nationality Bill, namely that of asking those granted citizenship to

sign a moral undertaking to remain in Hong Kong for a certain period

of time.

We have consulted Legal Advisers about this idea. They are

still considering the matter, but their preliminary views are as

follows:

2.

(a) This is primarily a matter of policy, but there are also

legal factors to take into account.

(b) We would have to be clear that the moral undertaking would

have absolutely no force in law. Any signatory would be able to get

possession of the passport, once granted, through action in the courts. The courts would be likely to take a sympathetic approach

if the case were based on human rights grounds.

(c) Notwithstanding any moral undertaking by the passport

holder, the courts would take a dim view of the Government using

reasons external from the reasons of the citizens entitlement as a

reason for witholding the passport.

(a) The fact that the Government was in a very vulnerable

position in law would very soon become widely known and the moral

undertaking would be virtually valueless (nor would it cut any ice

PUPABQ

CONFIDENTIAL