BACKGROUND
References: A.
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B.
C.
D.
E.
Peking telno 328: MFA Statement
FCO telno 557
Peking telno 401
Selection of telegrams on International Support
Hong Kong telnos 1040 and 1044
Nationality
1.
Despite some inevitable disappointment over numbers, the initial
reaction in Hong Kong to the announcement of the package was a
cautious welcome. However, the Chinese Government have made a
number of unhelpful statements denouncing the scheme as a violation
of the Joint Declaration and a device to maintian British influence
after 1997. They have also tried to undermine the scheme by
indicating that recipients of British passports would not be
eligible for British consular protection in Hong Kong after 1997 and
by extending the nationality qualifications for posts in the SAR
Government laid down in the Basic Law. The latest statement by
Li Hou allegedly states that beneficiaries under the package would
not be permitted to use BC passports to leave or enter Hong Kong
after 1997. This would clearly contravene the undertaking in
paragraph 234 of the (Chinese Memorandum in) Joint Declaration.
Chinese Attitude
2. The nationality issue in Hong Kong has always been a sensitive
one for the Chinese largely because Chinese nationality law does not
recognise dual nationality, is ethnically based and has specific
provisions on renunciation. That is why this subject was dealt with
in the Joint Declaration through an exchange of memoranda. The Chinese memorandum states that "all Hong Kong Chinese compatriates,
whether holders of the BDTC passport or not, are Chinese nationals".
In effect, we agreed to differ over the nationality status of BDTCs
and BN (O)s. However the Chinese have always treated overseas
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