COMEDENTIAL
HONG KONG : NATIONALITY ARRANGEMENTS:
NON-ETHNIC CHINESE BDTCS
INTRODUCTION
1. Of the roughly 34 million BDTCs in Hong Kong, some 6,000 are non-ethnic Chinese.
Most of these are of ethnic Indian origin, and are represented by the Council of
Hong Kong Indian Associations. The Council is dissatisfied with the effect of
the proposed nationality arrangements on their community, claiming that they will
be worse off than ethnic Chinese BDTCs after 1997. They have therefore mounted
a campaign within Parliament to make better provision for non-ethnic Chinese BDTCs.
Essentially they are asking to be granted British citizenship, with its concomitant
right of abode in the UK, rather than the status of British National (Overseas).
2. When the nationality arrangements were first debated in December and again
during the passage of the Hong Kong Bill, the Indian BDTC community in Hong Kong
expressed great concern over their future position there. In the first instance
they were essentially concerned that they, and in particular their children, might
become stateless in 1997. They pointed out, rightly, that the Chinese Government
would only regard as Chinese nationals their ethnic-Chinese compatriots in Hong
Kong and any children born to them. The Indians were therefore worried that since
the Chinese Government would not regard non-ethnic Chinese BDTCs as Chinese, nor
their children, they and their children might therefore be left stateless.
What the Government has agreed
3.
The Government has accepted that:
a)
no former Hong Kong BDTC nor any child born after 1997 to such a person should
become stateless as a result of the Agreement. Any Hong Kong BDTCs and their children
born after 1997 who would otherwise be stateless (for example if not regarded as Chinese nationals) should therefore automatically acquire British Overseas citizenship
at birth. The Hong Kong Act also provides, as a result of representations in the
House of Lords on behalf of the Indian community, that the grandchildren of former
Hong Kong BDTCS, if born stateless, would be entitled to register as British Overseas
citizens. Such citizenship which under the 1981 Act was acquired by former citizens
of the United Kingdom and Colonies connected with former dependencies, carries
no right of abode anywhere.