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editorial of 18 January, after the debate, went even further.
It found all
Mr Waddington's arguments against the Legco recommendations unconvincing and on the minorities question it considered that he had been "even less convincing....Waddington said that the Sino-British Agreement clearly guarantees But what does this right of abode these people the right of abode in Hong Kong. have to do with citizenship?"
This is indeed the key issue.
British citizenship for the minorities
is essential not so that some privileged people in Hong Kong should have a "fallback" position denied to the majority population if the Agreement fails; but rather so that all people in Hong Kong should have a secure and effective nationality, independent of their immigration rights either in Hong Kong or in any other
British nationality for the minorities is only a fallback country in the world. in the sense that all nationality is: that it provides the holder with the
That argument security of belonging inalienably to one particular country.
was unanimously accepted in the debate in the House of Lords, during Lord MacLehose, who was Governor of Hong Kong during the passage of the Nationality Act, and Lord Geddes, who admitted to having changed his mind, spoke powerfully in support of the minorities' claim to full British citizenship.
It has been argued, however, that the effective statelessness of the minorities derives from Chinese; as well as British nationality law and therefore that China should be encouraged to take responsibility for providing them with a citizenship. Yet it is not just Chinese nationality law, but the provisions of the Exchange of Memoranda associated with the Agreement, which have left the minorities as "orphans", the words of the petition of the Council of Hong
The Exchange of memoranda defines as Chinese Kong Indian Associations. nationals only "Hong Kong compatriots" of Chinese ethnic origin; it clearly states China's view that the status of British National (Overseas) is simply a transitional travel document facility permitted to them for historical reasons.
to all aliens, Though the Agreement itself gives right of abode in Hong Kong
as well as Chinese, who have been ordinarily resident there are seven years or who have right of abode only in Hong Kong in 1997, their nationality status is left as
After 1997, aliens resident in Hong a matter for their country of nationality. Kong may if they wish apply for Chinese citizenship but China's attitude to such applications cannot be tested until after Britain has given up responsibility for the territory.
Mr Waddington confirmed (16 January, col. 1305) that the matter has been raised in the Joint Liaison Group: "The Chinese Government have confirmed that non-Chinese who meet the legal requirements under the Chinese nationality law may apply for Chinese nationality and that such cases would be dealt with by the appropriate authorities". This is tautologous and merely restates Chinese nationality law: a British Home Secretary would no doubt give a similar reply if asked in advance to fetter his discretion to grant or refuse
Future generations British citizenship to a group of resident aliens.
have this choice and by then their born in Hong Kong will of course people born in China may well mean that they welcome that opportunity. But the issue now is not about future generations but about those now in Hong Kong who cannot reasonably be expected to wait 11 years without any assurance that their applications will even receive sympathetic consideration
which and who are entitled to demand that the country of their citizenship, was a party to the Agreement which ensured their exclusion nationality, should grant them a proper nationality status.
identity as
from Chinese