Chinese Attitude to the Nationality Package
Background
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".
are Chinese nationals". In effect, we agreed
to differ over the nationality status of BDTCs and BN (0)s.
However the Chinese have always treated overseas Chinese living
abroad with foreign passports as foreign nationals.
The Joint Declaration places the following restrictions on
holding office in the SAR:
(a) JD 74 states that British and other foreign nationals
may be public servants except for heads of major government departments and deputy heads of some
departments.
(b) JD 46 states that Government and Legislature should be
composed of local inhabitants.
(c) JD 64 provides that judges may be recruited from other
Common Law jurisdictions.
The Basic Law further provides that the following posts respectively should be restricted to Chinese citizens: the
Chief Executive, members of the Executive Council, principal
officials of the Hong Kong SAR, the President of the
Legislative Council and the Chief Justice of the Court of Final
Appeal and the Chief Judge of the High Court. It also limites to 20% the proportion of the legislative which may hold foreign
nationality. We have pointed out to the Chinese that
SAKACG (3)