TNAG-2661-FCO40-3857-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 76

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

RESTRICTED

RESTRICTED MANAGEMENT IN CONFIDENCE

MANAGEMENT IN CONFIDENCE

FM FCO

HKD 406/1

TO DESKBY 07003OZ UKREP JLG HONG KONG

TELNO 57

OF 061938Z AUGUST 92

INFO DESKBY 070030Z HONG KONG, BTC HONG KONG, PEKING

342

YOUR TELNO 159: NEW CONSULATE GENERAL: PRESS RELEASE

1.

120

105315

MDHOAN 8688

Mr. Morris Мостя

Tammy G. phoned to

Sam Le's sent a fel arguing Hal last senter a will Still Carde

PEKING ARE ALSO UNHAPPY WITH THE LINE TO TAKE ON CONSULAR

PROTECTION AS DRAFTED (TELECON ROGAN/MORRIS OF 6 AUGUST).

2.

WE AGREE THAT THE LINE NEEDS MODIFICATION. BUT WE WONDER IF

THE LINE PROPOSED IN YOUR PARA 3 IS QUITE RIGHT. AS DRAFTED, IT WOULD SEEM TO RULE OUT BRITISH CONSULAR PROTECTION, NOT ONLY FOR BRITISH NATIONALS (OVERSEAS) IN HONG KONG AFTER 1 JULY 1997, BUT ALSO FOR ANYONE/ANYONE THAT CHINA CHOSE TO REGARD (UNILATERALLY) AS A CHINESE NATIONAL, (CONCEIVABLY THIS COULD BE A BRITISH CITIZEN UNDER THE 1981 OR THE 1990 ACT). WOULD WE WANT TO GIVE

THIS IMPRESSION?

3. THE LINE WE NOW USE FOR HONG KONG PERSONS IN CHINA WAS DEVISED TO SHOW THAT, WHERE THE CIRCUMSTANCES WARRANTED, WE HAVE BEEN ROBUST IN DEFENDING THE INTERESTS OF OUR NATIONALS, (DESPITE THE WEAKNESS OF OUR POSITION IN INTERNATIONAL LAW). WE SEE A RISK IN SEEMING TO IMPLY THAT HMG WOULD BE LESS ROBUST IN HONG KONG AFTER 1 JULY 1997.

4.

SUBJECT TO YOUR VIEWS, AND THOSE OF COPY ADDRESSEES, WE THINK WE SHOULD TRY TO RESERVE OUR POSITION THOUGH AVOID BEING PROVOCATIVE. WE SUGGEST THE FOLLOWING LINES, (WHICH HAVE BEEN SEEN BY A LEGAL ADVISER):

THE CONSULATE-GENERAL WILL PROVIDE THE NORMAL RANGE OF SERVICES TO VISITORS FROM BRITAIN AFTER 1997.

- IN THE CASE OF PEOPLE OF ETHNIC CHINESE ORIGIN WHO HOLD BRITISH NATIONAL COVERSEAS) PASSPORTS AFTER THAT DATE, WE UNDERSTAND IT IS THE POLICY OF THE GOVERNMENT OF THE PRC TO REGARD THEM AS CHINESE NATIONALS.

- IN THE CASE OF DUAL-NATIONALS, THE POSITION IN

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