their relatives and friends

(c) advance of money in

justified cases

where the passport holder is destitute of resources (e)

visits by consular officials in prisons or in hospitals (f)

(if such passport holder is not а Chinese national)

British consular protection or assistance in the Hong Kong

SAR after 1997" (Source: South China Morning Post October

23rd 1985). However it was also then stated "that foreign

governments have not yet been formally consulted on the

acceptability of BN (0) passports". The usefulness of such

(d) assistance in repatriation in cases

passports, even as Travel Documents, has thus not yet been

established. Furthermore the scope of the protection or

assistance to be afforded by the British Consulate within

the SAR will depend upon the goodwill and acquiescence

the Government of the PRC.

of

8.

The

of

right

"explicitly provided for in

which both sides

accept

abode is, according to HMG,

a publicly signed agreement

international law.

as legally binding under

Any breach of it would be a very

serious matter indeed" (letter from D.C. Wilson of the

Foreign and Commonwealth Office, to the President of the

Council of Hong Kong Indian Association 2nd April 1985).

8.1

statement

is

The legal theory underlying the

impeccable. In practise, however, the Hong Kong Indians

will after the Transfer Date be completely dependent upon

the Government of the PRC for the right of abode in Hong

Kong.

8.2

The Hong Kong Indians will have no right of abode

in Hong Kong

individual.

legally

enforceable

- 6 -

in the suit of an

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