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previous Chinese statements, of interpretation either in the sense of clearly defining who is Chinese and who is not, in the spirit of improved relations with China's south-east Asian neighbours, or in the sense of maintaining the great Chinese family principle which these same neighbours find disturbing.

5. It seems clear that the text is not intended to tackle the problem of the nationality of residents of Hong Kong and Macao. However, assuming as we must that for the purposes of Chinese law Hong Kong and Macao are considered part of China, we can draw the

following conclusions from the Nationality Law:

(a) Persons born in Hong Kong, Macao or China, resident in Hong Kong or Macao, who have not acquired British nationality are regarded as Chinese nationals;

(b) Persons born in Hong Kong or Macao whose parents are indisputably foreign nationals do not have Chinese nationality.

6. This leaves open the question of those persons resident in Hong Kong or Macao, of Chinese race who th. ough birth in Hong Kong or elsewhere, marriage, or naturalization, have acquired British or Portuguese nationality. My guess is that if pressed for an answer, the Chinese

The would argue that nearly all of these were Chinese rationals. reasoning would attribute Chinese nationality to those people who are descendants of Chinese nationals born in China: the acquisition of foreign nationality will be regarded as invalid since this can take place in China only if renunciation of Chinese nationality has been approved, which it has not. The only exceptions might be persons born in the UK, Portugal or elsewhere and their descendants, but only where neither parent in each case of a subsequent birth in Hong Kong or Macao was a Chinese national. However, the Chinese would presumably wish to avoid spelling this out, both to avoid unhelpful debate and concern in Hong Kong and Macao, and also in order that they can keep their options open regarding certain Chinese residents of Hong Kong and Macao who they may find convenient not to consider as Chinese nationals when travelling in China or during an eventual process of reintegration.

Yours ever

Ruleve

نم تا

cc (with enc):

Chanceries BANGKOK

JAKARTA

KUALA LUMPUR

SINGAPORE RANGOON MANILA

HANOI VIENTIANE

TOKYO CANBERRA

APA HONG KONG

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Kim Sullivan

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