8.3
Such circumstances
as might lead the Government of
the PRC to breach the agreement would be likely to be the
sort of circumstances in which they would and could resist
any effort, if any, made by HMG to enforce it against them.
9.
There
have been three main waves of Indian
immigration to Hong Kong: those who came at and after the
time when the Union Jack was first raised in Hong Kong;
those who came at and on account of the partition of India;
and those who have come in recent years. They are united
by the fact that they came of their Own free will. In the
words of the Petition by the Council to His Excellency, Sir
Edward Youde, GCMG, MBE, Governor-in-Council dated the 17th
January 1985 "they chose Hong Kong because Hong Kong was
part of the British Empire or Commonwealth, because they
had faith in the laws and the system of government of Great
Britain and because they chose to give or continue their
allegiance to Great Britain".
9.1
At the time of the partition of India, those in
the second group mentioned in 9 above, had the choice of
Indian citizenship and
remaining in India and claiming
nationality, or departing
Commonwealth
to
another region of the
and retaining British citizenship and
nationality. The ethnic Indians in that group chose the
latter course, and, accordingly surrendered their right to
Indian citizenship and nationality. To quote again from
the Petition a member of that group "did So because he
thought he would be secure in being a member of that
community whose way of life he had adopted, whose laws and
systems he respected, whose institutions he revered and to
whom he deliberately gave his allegiance".
7