TNAG-2376-FCO40-3451-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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COMELCO

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Pl fax PSIGH

M.

Office of Members of the Executive and Legislative Councils

行政立法兩局議員辦事處

The Rt. Hon. John Major,

Prime Minister,

c/o Government House,

Hong Kong.

• HKD 340/4.

5th/September, 1991

Dear Prime Minister,

1209

I want to thank you most warmly on behalf of all my colleagues for the time you gave us in Executive Council this morning: in particular, for the sympathetic and sensitive way in which you listened to our views.

was

breach.

There was just one point on which I did not wish to detain the Council this morning but I feel I must write to set the record straight. In regard to the nationality restriction in the Joint Declaration, later extended in the Basic Law, it has always been explained to us that the Chinese were "stretching" the Joint

that it the Joint Declaration,

not

is I understand that there

well accepted legal principle Expressio Unius est exclusio alterius! which says that "the mention of one thing is the exclusion of another" or "that which is expressed puts an end to that which is unspoken." There is no doubt, therefore, that this is

that this is a breach in the letter as well as in the spirit.

a

-

a

In addition, this contravention took place long before the airport developed as a problem some two to three

ago when the Basic Law was

and drafted promulgated. I am not aware that it was ever raised or discussed with the Chinese.

years

later

I am following up the discussion with this point. because we feel strongly that this is not a legitimate "stretch"!

I hope that you and Mrs. Major will have a safe and comfortable journey home and take back good memories of your visit to Hong Kong.

همیشه

مو

Dunn

Legislative Council Building, 8 Jackson Road, Central, Hong Kong. EREZ Tel: 5-8440700

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