Agreement. As your Lordships will recall, this undertaking was extended
during the Committee stage of the Hong Kong Bill in this House to cover
the grandchildren of former Hong Kong British Dependent Territories citizens
if they are born stateless.
13. Since then, further representations have been made by the non-ethnic
Chinese community in Hong Kong, in particular the Council of Hong Kong
Indian Associations, who remain unhappy with the proposed provisions.
These representations attracted the support of a number of speakers during
I understand the Legislative Council debate on 4 December, and are supported by all
the Unofficial Members of the Executive and Legislative Councils.
They are fully in accordance with the undertakings given in your Lordships' House. 14.
The Government's proposals are set out in Article 6. / They provide
that any former Hong Kong British Dependent Territories citizen who for
any reason has not acquired BN(0) status, and would otherwise be stateless
in 1997, will automatically become a British Overseas citizen on 1 July 1997.
Any of their children born after June 1997 if they would otherwise be
stateless will also acquire British Overseas citizenship at birth: and
any of their grandchildren, if born stateless, will be entitled to
registration as British Overseas citizens. These provisions will apply
to all, whatever their ethnic origin.
15.
We fully accept, of course, that a continuing right of abode in Hong
Kong is no less important than having a recognised nationality status.
Clearly no form of British nationality can carry with it right of abode
in Hong Kong after 1997, when Britain ceases to have any jurisdiction over the territory. The rights of abode in Hong Kong apecessari arded
under the agreement with the Chinese, and are set out in Section XIV of
Annex 1 to the Joint Declaration. As far as the non-ethnic Chinese
community is concerned, they guarantee the right of abode in Hong Kong
after June 1997 to all those who have been ordinarily resident in Hong
Kong for seven years, either before or after the establishment of the
Hong Kong Special Administrative Region, and who have taken it as their
together with place of permanent residence, their children; and also to anyone
who had right of abode only in Hong Kong before 1 July 1997. These
provisions cover all the non-ethnic Chinese British Dependent Territories
citizens in Hong Kong, unless they have left Hong Kong permanently and
have the right of abode elsewhere.
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