"They came, among other things, because Hong Kong was British and because they clearly believed it would remain so.”
The British Government, and indeed the Hong Kong Government, cannot evade direct moral responsibility for this group of citizens and must respect their wish to remain British and to be given the right of abode in Britain or a British Territory with the right of travel on a British or relevant BDT passport. They were after all British subjects before the British Nationality Act 1948 and, after that Act, were in many cases required to re-affirm allegiance to Britain. Since many do not even speak the Indian language they do not consider themselves as Indian nationals nor do they wish to emigrate to India, which would not be any easy matter in any case, nor, indeed, do they wish to become Chinese citizens at some point after 1997. Their historical connection has been with the British and the British should now be prepared to look after their interests.
Children and grandchildren of non-Chinese BDTCs born after 30th June 1997 will acquire British Overseas Citizen status. Children of such grandchildren will, however, be stateless while to further complicate the issue, children of such stateless citizens if born in China will be Chinese under the Chinese Nationality law.
All of this is extremely complicated and unsettling for the non-Chinese BDTCs and they are entitled to feel that Her Majesty's Government is in effect telling them that they eventually will have to become Chinese nationals or accept the fact that future generations will become stateless. In short, the British Government is washing its hands of any future responsibility for them and the net effect is that Hong Kong is likely to lose many of these valuable citizens to other territories over the next few years.
For the reasons that I have stated, this should not be allowed to happen. The number is small given the population and
immigrant/emigrant levels in Britain at present. A great many of the non-Chinese ethnic BDTCs do not wish to leave Hong Kong and would not necessarily wish to go to Britain or elsewhere to live but they should be given the right to do so if, for one reason or another, their future life in Hong Kong becomes unsatisfactory and unhappy.
The Hon. Thomas Clydesdale
"It will be an odd status. As from 1 July 1997, the British National (Overseas) passport will be a travel document without a home of its own."
It does not carry the right of abode in the UK, and will not carry any right of abode in Hong Kong because that will be governed by Annex I Article XIV of the Joint Declaration. Right of abode in Hong Kong will then be evidenced by a permanent identity card to be issued by the Hong Kong Special Administrative Region Government.
The status of BOC is even more nebulous than that of BN(O), and further removed from identification with a home. It could result in serious anomalies and injustices with regard to non-Chinese British nationals.
The Hon. John J. Swaine, OBE, QC, JP
At this point, I would like to join my other colleagues who are speaking at length on the fate of the ethnic minority of Hong Kong to call on the United Kingdom Government to make more satisfactory arrangements for this
group, than the hitherto offer of a BN(O) passport which represents neither citizenship nor right of abode to these non- Chinese who have served the British for generations.
The Hon. Mrs. Selina Chow, OBE, JP