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11. Eligibility of Hong Kong people with foreign passports for certain political and civil service posts?
I am aware of the concerns expressed about this issue in
Hong Kong. It is a complex question which depends on the
interpretation of Chinese nationality law. The Joint Declaration
does of course place limits on certain posts. The Chinese
authorities have recently stated publicly in Hong Kong that they are
fully seized of this problem, and of other areas of potential
difficulty related to dual nationality. I am sure they are
studying these carefully with a view to meeting the concerns felt by
Hong Kong people. It is possible that a solution will have to be
sought in the context of the Chinese Nationality Law rather than in
the Basic Law.
12.
Offences against national unity [Article 22]
I am aware that some people in Hong Kong have expressed concerns about Article 22, and have suggested it should be deleted.
It is understandable that a State should wish to make provision for
treason offences. And since Hong Kong will have its own legal system, it would seem sensible for that law, as it applies in Hong Kong, to be Hong Kong law. But the Basic Law may well not be the appropriate vehicle for this.
13. Application of "nationwide statutes" to Hong Kong [Article 17]
We have taken careful note of concerns expressed about the phrase "as well as other laws which give expression to national unity and territorial integrity". However, we recognise the need
for certain so-called "nationwide statutes" to apply to Hong Kong,
such as those stipulating the national flag and capital. There have been suggestions that all relevant laws could be listed in an
annex to the Basic Law. This is an avenue which bears further
investigation.
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