TNAG-2194-FCO40-3131-Hong-Kong-nationality-package-1990 — Page 104

FCS/90/076

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1.

CONFIDENTIAL

Miss Mar 312314 Mr Morgis 1414

HICO W34/3/4 нко

RECEIVED IN REGISTRY

2 5MAY 1990

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

Hong Kong Assuradces Legislation

HKD

бра

Ps) Mr Maude

Ps / Pus Mr Gillmore

Mr Mclaren

Miss Spencer

News

Legal Advisers

272)

Special Advisers.

223

Thank you for copying to me your minute of 27 March to

the Prime Minister.

And,

30/3.

2. I am strongly of the view that the Bill should retain the

provision that recipients of British citizenship under the

Scheme should lose their BTDC status. As you rightly point out, without such a provision, the Chinese would argue that we were in breach of the undertaking in the UK Memorandum

associated with the Joint Declaration. That would significantly enhance their ability to attack the nationality package, with adverse consequences for confidence in Hong Kong. It might also cause confusion in Hong Kong if beneficiaries under our

package were to remain BTDCs. There would be suggestions

that the citizenship we were conferring was somehow different from "normal" British citizenship.

3. Retention of Clause 2(2) in the Bill would enable us to

maintain to the Chinese that beneficiaries were not covered by the terms of the UK Memorandum, since they are not persons who will be BTDCs on 30 June 1997; and that the relevant paragraph of the UK Memorandum says nothing about right to confer British

nationality on BDTCS, or anyone else with a connection with

Hong Kong, before the period 1997.

4. I agree with your proposal to incorporate journalists and

news editors into the category of "information services". I

also agree with the reinstatement of the Health Associate

Professionals group. The arguments in both cases are strong.

/5.

CONFIDENTIAL