CONFIDENTIAL
11
1997 to acquire a form of British nationality if they
stateless. We will be pursuing with
would otherwise be
the Chinese Government
at the second Joint Liaison Group
meeting in November the question of whether such people and/or subsequent generations will be able to acquire Chinese nationality. The Indians have also been asking
whether, after 1997, they will be entitled to British
consular protection in the SAR. The answer is that they
will. Although the Chinese memorandum on nationality
excludes the provision of British consular protection in
the Hong Kong SAR to BN (O)s or BOCs whom China regards as
Chinese nationals, neither it nor the UK memorandum
exclude such provision to non-Chinese nationals such as
the Indians.
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5.
The Order does not deal with the question of
passports, which are a matter of prerogative and do not
require legislation. We have however agreed with Hong
Kong a public line setting out Our proposals for the format and issue of BN (O) passports. We are discussing
with the Chinese the exact form of words for the
endorsement in these passports. Broadly it will state
that the holder possesses Hong Kong ID card number XYZ as
evidence of his right of abode in Hong Kong and
(hopefully) the Hong Kong Special Administrative Region.
There has been criticism in Hong Kong of such an
endorsement, a number of press articles arguing that it
should state directly that the holder has the right of
abode in Hong Kong/the Hong Kong SAR. The Chinese made
it clear during the negotiations that this would not be
possible: after 1997
1997 only the People's Republic state directly who had right of abode in the SAR.
BN(0) passports will span
government,
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means
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that
the right of
right of abode
could
Since
the 1997 transfer of
abode formula will have to be
valid for British Hong Kong and Chinese Hong Kong. This
the pre-1997 formula will have to be compatible with the post-1997 formula. Some critics have argued that use of the indirect formula proposed will
me an that s ome
will require BN (O) s
countries
to
carry
CONFIDENTIAL