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Mr Galsworthy (HKD)

Council of Hongkong Indian Associations

Member Associations:

THE INDIAN CHAMBER

OF COMMERCE

THE HINDU ASSOCIATION

c/o TST P. O. BOX 95106, HONG KONG

Telex: 43500-HARI-HX Cable "INDCOUNCIL"

31st December, 1985

Tel: 3-7218844

THE INDIA ASSOCIATION

THE INDIA CLUB

THE KHALSA DIWAN

The Rt. Hon. Sir Geoffrey Howe, QC, MP

House of Commons

London SW1A OAA

62

For draft reply please.

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PSIMO Renton

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THE HONG KONG INDIAN

WOMEN'S CLUB

THE NAV BHARAT CLUB

Dr Wilson

Un Powell - Werksk Um for aps and he $711

Dear Sir Geoffrey,

As you may know, the Hong Kong Act 1985 was passed earlier this year to give effect to the Agreement between Britain and China on the future of Hong Kong. Under the provisions of this Act, an Order in Council dealing with the changes in nationality as proposed by the British Government was published in draft form. As the Order is scheduled for debate in Parliament on Thursday 16 January, we wish to bring to your attention some of the specific inequities contained in these nationality provisions, and their effects on some British people in Hong Kong.

About 3-1/4 million of Hong Kong's 5 million people are British Dependent Territories Citizens (BDTCs); the remainder are mostly immigrants from China who hold only certificates of identity. The Order in Council provides that all BDTCs will lose that status by the time sovereignty over Hong Kong reverts to China on 1 July 1997 and will be able to acquire the newly-created title of British National (Overseas) (BN(O)) after July 1997. Order also makes provision for the children and grandchildren of non-ethnic Chinese BDTCs to acquire British Overseas Citizenship.

The

Furthermore, the Chinese Memorandum contained in the Joint Declaration makes clear that all ethnic Chinese, whether or not they are also BDTCS, are automatically Chinese nationals, while non-Chinese BDTCs are not. This is highly significant as it means that ethnic and non-ethnic Chinese BDTCS will enjoy very different citizenship rights after 1997. Chinese BDTCS will have an effective nationality, that of China, which will guarantee them the right to live in the country of their citizenship, while non-Chinese BDTCS will not. Their right of abode in Hong Kong after 1997 is dependent on the Agreement with China and cannot be guaranteed by their nationality; this means that they will be living here at the acquiescence of a government which has no ultimate responsibility for them.

Contd./

President: MR. H. N. HARILELA, OBE JP

Vice President: MR. K. SITAL, JP

Hon. Secretary: MR. K. B. RATHI Hon. Treasurer: MR. J. MULCHAND

Council Members : MR. S. A. AMEEN MRS. KAMla kapaHI MR. G. B. MAHBUBANI MR. LACHMAN NARAIN

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