FC040/1830
CONFIDENTIAL
6193
BY THEN BE A PART OF CHINA FOR A MINIMUM OF SOME 20 YEARS SHOULD
LOOK TO CHINA RATHER THAN THE UK FOR THEIR NATIONALITY IF THEY
ARE IN DANGER OF BEING STATELESS.
4. WE ARE OF COURSE FULLY AWARE THAT MOST OF THE PERSONS CONCERNED ARE LIKELY TO SAY, AT LEAST AT PRESENT, THAT THEY ARE
BRITISH AND WISH THEIR FAMILIES TO REMAIN BRITISH. WE BELIEVE
NEVERTHELESS THAT WE SHALL HAVE TO TAKE THE LINE THAT THE
EXISTING PROPOSALS PROVIDE AN APPROPRIATE AND REASONABLE BASIS
FOR A TRANSITION PERIOD AFTER 1997. IF THE FAMILIES CONCERNED
ARE STILL IN HONG KONG SOME 20 YEARS OR MORE LATER IT WILL BE
REASONABLE TO EXPECT THEM TO SEEK CHINESE NATIONALITY.
5. IT IS RELEVANT THAT OF THE APPROXIMATELY 2 MILLION BRITISH
OVERSEAS CITIZENS IN VARIOUS PARTS OF THE WORLD, A PROPORTION
HOLD NO OTHER NATIONALITY, AND MANY OF THESE ARE LIKELY ALREADY
TO BE IN POSITIONS ANALOGOUS TO THAT OF BOCS IN THE SAR AFTER
1997.
6.
ASSUMING THAT OUR ASSESSMENT OF MINISTERS VIEWS IS CORRECT
WE THINK THAT, IF OUR STANCE IS TO BE REASONABLE, WE NEED IDEALLY
TO BE ABLE TO SAY TWO THINGS:
(A) THAT WE INTEND TO SEEK WITH THE CHINESE TO ENSURE THAT
IT IS POSSIBLE FOR THE CHILDREN OF BOCS BORN IN HONG KONG TO
OBTAIN CHINESE NATIONALITY:
(B)THAT THE VIEW OF MINISTERS IS THAT IN CASES WHERE IT IS
GENUINELY IMPOSSIBLE FOR SUCH PEOPLE TO OBTAIN CHINESE
NATIONALITY, AND THEY WOULD OTHERWISE BE STATELESS, THERE
WOULD BE A STRONG CASE FOR BRITISH MINISTERS OF THE DAY TO
CONSIDER USING THE DISCRETIONARY POWER UNDER SECTION 27 OF
THE BNA TO GRANT BOC STATUS TO MINORS ON AN INDIVIDUAL
BASIS.
7. WE THINK THAT (A) ABOVE SHOULD NOT BE TOO DIFFICULT. ON THE
LAST OCCASION WHEN THE MATTER WAS RAISED LU PING SAID THAT THE
CHINESE HAD DECIDED TO DO EVERYTHING POSSIBLE TO REDUCE THE
NUMBER OF STATELESS PEOPLE IN HONG KONG (PEKING TELNO 2856 OF 30
NOVEMBER 1984). THE PROBLEM WOULD BE A NATURAL ONE FOR US TO
RAISE IN THE JOINT LIAISON GROUP. WE COULD SAY NOW THAT WE
INTEND TO DISCUSS THE PROBLEM WITH THE CHINESE IN THE JOINT
2
CONFIDENTIAL
/ Liaison