formation of the first government of the HKSAR for the ригрове of giving expression to China's sovereignty affect the relationship between the two governmenta? Is there any conflict between these two principles?
If 80. which
principle shall prevail?
(11) For the sake of maintaining stability and continuity. the first government needs to be formed before 1997. Some people thus held that ita method of formation cannot but differ from the method of forming subsequent governments,
However,
some people held that the method should be the same Whether or not this 18 technically feasible has yet to be clarified.
for both.
(iii) The
existing alternatives for the method
of forming the first government cited in the Draft Basic Law all involve constitutional and political activities in the run-up to 1 July 1997 when Hong Kong is still under British rule. This involves the fundamental issue of whether or not it 18 possible for A state to stipulate in ite 1 aw that the government of another state shall render cooperation. This question of legal principle hag to be further probed into.
Questions to be resolved:
7.2
(1)
18
purely
How can the Chinese government make arrangements for the formation of the first HKSAR Government in Hong Kong, which
China's internal affairs, before 1997
in
accordance with its own law--the Basic Law--without affecting Britain's jurisdiction over Hong Kong and without affecting the relationship between the two governments?
(11) If Britain has the right to participate in this arrangement,
what will the nature of its role be? If this is purely technical assistance,
the expression
China's sovereignty?
will it affect
(1)
The identity of permanent residents:
The qualifications for Hong Kong permanent residents differ according to the nationality of the person concerned. Whether or not one's children can become permanent residents also depends on whether the person is a Chinese national.
(2) The appointment of principal officials among the public
servants:
According to appointed
career
the articles. only Chinese nationals may
affect principal officials. AS
This will prospects of those serving in or intending to in public service.
be
the
serve
(3)
The appointment of major government posts:
According to the articles. only Chinese nationals may appointed 86
Executive the Chief Executive. members of the Council and President of the Legislative Council. This will create problems in the relationship between some non-Chinese nationals or Hong Kong people who are uncertain about nationality on the one hand and the future political power on the other.
be
centre
their
of
(11) In
A
order to understand how these articles will affect oneself. one must
nationality. first know his or her own
Hone
than Kong has not been under Chinese rule for more century, during which time the successive governments dealt with the nationality issue differently. Besides, how the
Nationality Law of China which came into effect present 1981 18 to be applied in Hong Kong has yet to be clarified. Thus, Hong Kong people are very confused about their own
in
nationality.
of
(111) Can Chine stipulate in its law that another government Bhall
render cooperation?
If this 18 not
question of legislation. will it be something that can be resolved by the Basic Law?
(111) Hong Kong people's views are split on this issue.
inclinations may be summed up до follows!
Their
(1)
Many people are uncertain about their nationality:
(2)
Some people who have acquired foreign nationality still hope to retain their Chinese nationality.
Focus of discussion:
8.
The Question of Nationality
8.1
(1)
The
Are
public has expressed much concern over the question nationality since the publication of the Draft Basic Law, situation not reflected in consultations over the past two
This is because years.
to the many references
nationality
in the Draft
residents all closely related to the Hong Kong in one way or another. They involve the following three aspects:
of
A
(4)
of
(3)
National
Some people are opposed to dual nationality. that with the exception of those who hold the British Dependent Territories Citizens' Passports or the British (Overseas) Passports. all foreign passport holders should be treated as foreign nationals and should appointed to certain government posts.
They think
not
be
Some people object to being classified as Chinese nationals without their prior consent.
11
12
1
A