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Qian Qichen on 28 March. He said that "prior to renouncing Chinese
citizenship people would not be able to enjoy British consular
protection in the HKSAR". Insofar as it relates to people who
acquire British citizenship other than by residence abroad this is a
true statement of the legal position.
B 7. The attached note by Mr Fifoot, Legal Advisers goes into the
subject in more detail, but in essence where persons are claimed as
nationals by the United Kingdom and one or more other states, it is
not our practice to seek to exercise consular protection in the country of their other nationality. (This is also the practice of
the USA and is in line with Article 4 of the Hague Convention on
Conflict of Nationality Laws 1930). It would therefore be contrary
to our practice to seek to exercise consular protection in the case of Hong Chinese who had received British citizenship in Hong Kong.
under the scheme and had not renounced his Chinese citizenship; nor
does it appear would China recognise our right to do so.
8.
Under Chinese nationality law, ethnic Chinese who acquire
foreign nationality by living or being born abroad automatically
lose their Chinese nationality, and for this reason have customarily
been treated as foreigners when visiting the PRC - entitled to
travel on foreign passports and, as (by implication) to consular
protection by their country of nationlity. Hong Kong Chinese who
have acquired British citizenship by residence in the UK would
therefore be entitled to consular protection in China or in the
HKSAR after 1997, as would Hong Kong Chinese who are Canadian,
Australian or American citizens by residence.
9.
Article 10 of the Chinese nationality law also provides for
voluntary renunciation by application to, and approval by "local,
municipal and country public security bureaux, and China's
diplomatic representations and consular offices abroad". The
Chinese authorities may approve applications on one of 3 grounds:
1) that the applicant is a close relative of aliens;
2) that he has settled abroad; or
3) for other legitimate reasons.
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