TNAG-2193-FCO40-3130-Hong-Kong-nationality-package-1990 — Page 85

PRIME MINISTER

HONE

SECRETARY

Лирал, нку

als

223

PS/M Mande

TYLLNICHNOJ

Mi Gillmore

Jar

Mclaren

HKD 340/4 Lickington нко

RECEIVED IN REGISTRY

2 5MAY 1990

My Yes MP.

DESK OFFICER

INDEX

REGISTRY

HONG KONG ASSURANCES:

PA

LEGISLATION

Action Taken

This minute minute

meeting on 15 March.

reports developments following the OD(K) Since that meeting, Peter Lloyd has visited Hong Kong and officials have had further meetings here with a team of Hong Kong Government officials.

The principal issue on which I have to seek colleagues' views is whether recipients of British citizenship under the Bill should lose their BDTC status.

The UK Memorandum attached to the 1984 Joint Declaration provides that those who are BDTCs on 30 June 1997 will be given another status which does not confer a right of abode in the United Kingdom. It has been suggested by HKG that in order to avoid any possible technical breach of the Memorandum it would be helpful to include a provision in the Bill to ensure that those registered as British citizens do not remain BDTCs on 30 June 1997. However, there are obvious political implications. It is likely to increase handling difficulties, particularly as questions are raised (whether in Committee or in China) about why the provision is needed.

I would welcome the Attorney's views on whether the proposal to remove BDTC status from those selected for citizenship under the Bill is necessary, from a legal point of view, in order to secure consistency with our obligations under the UK Memorandum.

Of course, even if his advice is that we would not be in breach of our obligations, the Chinese are likely to continue to argue that we are. The Foreign Secretary will have views on the

1.

CONADENOVE