TNAG-2194-FCO40-3131-Hong-Kong-nationality-package-1990 — Page 70

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Mr Mofris 2/4

Foreign Secretary

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SECRETARY

Mr Paul, HKD As

PS/Mv Mande

Mr Mcloves Legal Adhisers A Lidington

Bly

BRITISH NATIONALITY (HONG KONG) BILL

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In view of the advice received from the Attorney General (his letter of 28 March), I agree with you that we must retain Clause 2(2), removing BDTC status from the Bill's beneficiaries, in order to ensure the Bill's compliance with the terms of the United Kingdom Memorandum to the 1984 Joint Declaration. The Chinese will argue that we are in breach of the spirit of the agreement but, as has been pointed out, they would do so in any event. We will continue to point to the obligation of both

parties to the Declaration to maintain the stability and

properity of the territory in the run-up to 1997.

I have considered whether to take steps to preserve the remedy against statelessness which presently exists under the Hong Kong (British Nationality) Order 1986. The problem of

statelessness arises in relation to the non-Chinese ethnic

minority. The British citizenship acquired by the children of successful applicants under the Bill will not be transmissible, and the non-ethnic Chinese may not be eligible for Chinese citizenship after 1997. There is a vocal lobby on behalf of the non-Chinese ethnic minority, and we could therefore face some criticism about the effects of Clause 2(2) during the passage of the Bill. However, the possibility of statelessness for children of British citizens born abroad is not ruled out by our nationality law. There are many British citizens around the world whose children or grandchildren are liable

liable to be born

stateless and I do not think we should be justified in treating beneficiaries under the Bill more favourably.

We have consulted Parliamentary Counsel, who has confirmed that an additional clause may well be needed to make BOC status available to those who might otherwise be disadvantaged by Clause 2(2). A consequential amendment would be needed to the long title. A new clause on this topic might be quite difficult to get right in the short time left before introduction.

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