TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 116

E.R.

Drawing a line round the scheme inevitably creates anomalies. But that is not a justification for extending special treatment more widely which in any event would simply create other anomalies. Granting citizenship to the spouses of all British citizens in Hong Kong can not be justified as part of the Government's objective of maintaining confidence in Hong Kong (there is no evidence that expatriate British citizens are leaving) thus, so far as citizenship is concerned, the

right course is to treat them the same as British citizens

throughout the world.

The

expatriates have understandable worries about their

spouses' position but most are in fact unfounded. In the sort

of cases they have in mind the spouse would almost certainly

qualify readily to enter the UK if the family decided that

they wished to come here - either before or after 1997. Entry clearance would be issued quite quickly (delays of months would only normally occur if the application created difficulties) and in an emergency could be issued immediately.

The Basic Law guarantees free movement so there should be no

difficulty about the spouse leaving Hong Kong. The only concern which is well founded is about the spouse's position if the British citizen dies but this has been met by S of S's assurance to widows and widowers. This covers the special circumstances which apply to expatriates in Hong Kong and

otherwise there is no reason why they should be treated

differently from expatriates elsewhere.

BACKGROUND

This meeting was requested by Mr Channon who has written to the

Home Secretary on two recent occasions enclosing detailed

representations from Mr Walsh (Annex A). The Home Secretary will recall his own exchanges with Mr Channon during Second Reading of the Hong Kong Bill (Annex B). Mr Channon has since tabled 3

Parliamentary Questions about immigration and nationality requirements as they apply to British citizens' spouses (Annex C); and has put down amendments for report stage of the Hong Kong Bill