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HONG KONG NATIONALITY WHITE PAPER

BRIEFING NOTES

1.

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Nally

TREATMENT OF NON-ETHNIC CHINESE AND FORMER SERVICEMEN

4

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HMG should grant British citizenship to non-ethnic Chinese BDTCs

who have no other nationality.

1.

request

нии осоки

RECEIVED

INDL

-

EGISTRY

- 9 JAN 1986

AMER

PA

F:

STRY Action Taken

Not persuaded that it would be appropriate to grant their

for the following reasons:

a) the provisions in Article 6 fully reflect the undertakings

given during the passage of the Hong Kong Bill. These were

that no former BDTC, nor any children born after 30 June 1997 to such a person, will become stateless as a result of the

agreement. This was extended to cover the grandchildren of

former Hong Kong BDTCs, if they were born stateless.

b)

Right of abode in Hong Kong can only be provided by the

Government until 30 June 1997. After that date, it will be

a matter for the Chinese Government. But the agreement with

the Chinese guarantees rights of abode in Hong Kong after 1997.

The Government believe that these provisions will cover all

non-ethnic Chinese BDTCs in Hong Kong, unless they have left

Hong Kong permanently to settle elsewhere and have right of

abode somewhere else.

c)

Nationality without right of abode in the parent country

is not as has been suggested in some quarters, a form of state-

lessness. BDTCs do not now have the right of abode in the

United Kingdom. The Council's proposals would undermine the

principles of the British Nationality Act 1981, which was to

confer on all former citizens of the United Kingdom and Colonies

a status which would accurately reflect their links with the

United Kingdom or with a dependent territory or former

dependency as the case may be.

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