İHIKKidsKql)

CONFIDENTIAL

機密

of the Chinese Nationality Law for automatic PRC recognition of that foreign nationality. (In this sense, Hong Kong Chinese can be ringfenced from South East Asian ethnic Chinese, who are regarded as foreigners once they have taken the nationality of their country of residence.)

9.

Article 10 of the Chinese Nationality Law allows Chinese nationals to renounce their Chinese nationality, if they have not settled abroad and acquired foreign nationality there, upon approval of their applications, provided that they are close relatives of aliens; or they have other legitimate reasons. Article 12 however states that "State functionaries" (Zhongguo Gongzuo Renyuan) shall not renounce Chinese nationality.

10.

An Article in Wen Wei Bao of 22 November hints at a possible Chinese attitude towards renunciation. It asks whether the future SAR Government will comprise a significant proportion of "Overseas Chinese" of Britain and other foreign countries. The passport granting countries could exercise their political influence over Hong Kong, the article argues, through citizens who pledge their allegiance to them. The article goes on to state that the UK and Chinese Memoranda associated with the Joint Declaration formed a bilateral plan aimed at preventing locals who hold public posts from becoming, in large numbers, foreign nationals, lest this became a worrying concern for the SAR Government.

11.

The Chinese position might therefore be, although this is nowhere explicitly stated, that ethnic Chinese not in public office and who acquire British citizen passports will be able to renounce their Chinese nationality but to continue to live and work in Hong Kong (though what the modalities of this prior to 1997 would be are unknown, and post 1997 the pressure on individuals who are not planning to leave Hong Kong not to renounce their Chinese nationality would in all probability be very great). "State functionaries", which would be interpreted as including civil servants in the

CONFIDENTIAL.

!!

Share This Page