TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 54

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CONFIDENTIAL

HKC012/3

(17)

112613

MDHIAN 2430

CONFIDENTIAL

FM HONG KONG

TO DESKBY 12113OZ FCO

TELNO 2833

OF 121036Z SEPTEMBER 91

MIPT: BASIC LAW: NATIONALITY QUALIFICATIONS: LETTER FROM

16

1. THANK YOU FOR YOUR LETTER OF 5 SEPTEMBER AND FOR YOUR KIND

WORDS.

ра

2. LAWYERS ALWAYS HAVE DIFFERENT VIEWS ON ANY GIVEN SUBJECT. OUR INTERNATIONAL LAW EXPERTS ARE CONFIDENT THAT THE NATIONALITY AND RIGHT OF ABODE PROVISIONS INCLUDED IN THE BASIC LAW ARE NOT A BREACH OF THE JOINT DECLARATION. THERE IS NO SPECIFIC PROVISION IN THE JD REGULATING THE NATIONALITY OR RIGHT OF ABODE OF SENIOR

OFFICIALS OR MEMBERS OF THE JUDICIARY. WE WOULD OF COURSE HAVE PREFERRED THAT THEY HAD NOT BEEN INCLUDED IN THE BASIC LAW. UNFORTUNATELY, THE EVENTS OF MAY/JUNE 1989 AND THE BRITISH GOVERNMENT'S RESPONSE TO THESE, INCLUDING THE ANNOUNCEMENT OF THE BRITISH NATIONALITY SCHEME, MADE THE CHINESE PARTICULARLY SENSITIVE ON THIS POINT AT THE TIME WHEN THEY PRODUCED THE FINAL VERSION OF THE BASIC LAW.

3. THE IMPORTANT THING IS THAT WE SHOULD NOW MAKE EVERY EFFORT TO WORK FOR A SENSIBLE RELATIONSHIP WITH THE CHINESE. IT WILL BE EASIER TO MAKE PROGRESS IF THE GENERAL ATMOSPHERE IS ONE OF CO- OPERATION RATHER THAN CONFRONTATION, BUT AS YOU KNOW, MY GUIDING PRINCIPLE WILL REMAIN THE INTERESTS OF HONG KONG. I SHALL NOT F INCH FROM TOUGH DECISIONS IF I BELIEVE THAT THIS IS NECESSARY.

WILSON

YYYY

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Redacted under FOI exemptions 27(1), 40(2) and 41.

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