CONFIDENTIAL
IONS
TRANSMISSIBILITY OF BOC STATUS TO FURTHER GENERATIONS
29.
ma y
The proposal that children born after 30 June 1997 to non-Chinese former BDTCs should acquire BOC status automatically at birth if they would otherwise be stateless is intended to apply to the first post-1997 generation. However, we appreciate that there
be concern about potential statelessness arising among
subsequent generations of non-Chinese persons.
I t would not be
appropriate as a general principle to grant British nationality
indefinitely and without restrictions
nationals. However, problems of further generations and potential statelessness and we are looking here into the next century being urgently examined in response to representations made by the non-Chinese community in Hong Kong.
-
to
the descendants of British
A
are
HMG WILL BE IN BREACH OF UN CONVENTION ON STATELESSNESS IF
SUBSEQUENT GENERATIONS ARE NOT TAKEN CARE OF?
30.
The children of BQs who would otherwise be stateless will
themselves qualify for British Overseas Citizenship if they satisfy
the provisions laid down in Schedule 2 of the BNA 1981. These
provisions are sufficient to enable the UK to fulfil its international obligations under the Convention on Statelessness.
WHAT ABOUT THOSE IN HONG KONG WHO ARE ALREADY STATELESS?
31. There are 4,500 stateless persons of non-Chinese race in Hong
Kong. They are mainly Vietnamese and Cambodians who were in Hong Kong at the fall of Saigon and Phnom-Penh as well as a handful of
other ethnic minorities. These persons, although they do not have
the right to reside in Hong Kong, have been granted permanent unconditonal stay after nine years of residence in Hong Kong. Those
who me e t the requirements are eligible to apply for naturalisation
as BDTCs in Hong Kong.
WHY CAN'T THE 6,000 OR SO ETHNIC INDIANS
ETHNIC INDIANS IN HONG KONG WHO HAVE BDYC
AND NO OTHER NATIONALITY BE GRANTED BRITISH CITIZENSHIP, INSTEAD OF
THE STATUS OF BN(O)?
32.
(a)
Several reasons why this would not be appropriate: -
cause
It would amount to discrimination in favour of a section of the
Hong Kong community on ethnic criteria and might well
friction between the various communities in Hong Kong.
CONFIDENTIAL