1
positionere, and in particular that they, and 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.
In ou
In response to these concerns, the Government agreed that 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 who for any reason have not opted to become British
Nationals (Overseas) will therefore acquire British Overseas on 11/7/97 if they noult stains be statutes.
citizenship Any of their children born after 1 July 1997 who
would otherwise be stateless (for example if they are not regarded
as Chinese nationals) will acquire British Overseas citizenship
at birth. The Government also agreed, following 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. These
provisions are consistent with the provisions of the British Nationality
Act 1981 under which British Overseas citizenship was acquired
by former citizens of the United Kingdom and Colonies connected
with former dependencies. These provisions are explained in more
detail in the White Paper on the Hong Kong nationality provisions
which was published on 16 October. I enclose a copy.
The
While these provisions secure the future nationality status of
the BDTCs at present in Hong Kong, they cannot deal with questions
of the right of abode in Hong Kong which has been a matter for
negotiation with the Chinese Government. We had very much in
mind the need to reach a clear and agreed position on this.
Sino-British Joint Declaration therefore sets out who is to have
the right of abode in the Hong Kong Special administrative region
after June 1997. Our aim during the negotiations with the Chinese
was to ensure that the right of abode in Hong Kong should be preserved
as far as practicable. As far as non-ethnic Chinese are concerned
the Joint Declaration guarantees the right of abode to those who
have lived in Hong Kong for 7 years and have taken it as their
place of permanent residence; and any of their children under
21 who were born in Hong Kong; and anyone who had right of abode
only in Hong Kong before 1997.
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