TNAG-2195-FCO40-3132-Hong-Kong-nationality-package-1990 — Page 29

China's Attitude will make Scheme Unworkable

- Some Hon Members have suggested that as long as Peking's attitude

casts doubt on the validity of the British passports issued under

the scheme, those who get passports are likely to come to the UK at the first opportunity.

We have taken pains to explain to the Chinese that the primary

objective of the scheme is to stem the exodus of talented and

enterprising people from Hong Kong and thus maintain Hong Kong's

stability and prosperity in accordance with our obligations. I believe that in time the Chinese will come to accept that the scheme is making an important contribution to the successful future of the

territory and is very much in China's own interests.

- There is no evidence that those who receive British passports

under this scheme will be treated with hostility by the Chinese authorities. Such a presumption cannot be squared with the

provisions of the Joint Declaration and Basic Law which state that

British and other foreign nationals may continue to serve in, or be

recruited to, all but a small number of top posts in the future Hong

Kong SAR Government. Nor can it be squared with China's willingness

to accept that up to 20% of the Legislative Council after 1997 can

be foreign passport holders.

Some Members have drawn attention to recent statements by Chinese

spokemen on consular protection. We are determined to ensure that

the interests of British citizens will be protected to the fullest

extent possible under international law. The Joint Declaration and the Basic Law both provide that people in the Hong Kong Special Administrative Region after 1997 will have the full protection of

the law, including basic human rights, as enshrined in the

International Covenant on Civil and Political Rights and the

International Covenant on Economic, Social and Cultural Rights.

The key question in any case is not the exercise of consular

protection, but whether Hong Kong people are free to come and go as

they please, and freedom of movement is guaranteed by the Joint

Declaration and the Basic Law. These also provide that Hong Kong

POPAES (6)