NATIONALITY

CONFIDENTIAL

Background

Non Chinese ethnic miniorities

1.

In their report, the FAC recommended that non ethnic

Chinese BDTCs should be given British citizenship. We have

already made clear publicly that we took very careful note of all the representations from the ethnic miniorities when

we were devising the scheme embodied in the Nationality Bill. We concluded that we could not treat this group as a special category within the scheme, although they will of

course be eligible to apply for British citizenship under

the scheme. Each case will be assessed fairly and on its

merits.

2. In recognition of the particular concerns of the ethnic miniorities in Hong Kong, we have already taken steps to reassure them about their position after 1997. The non Chinese ethnic minoirities' right of abode in the Hong Kong SAR is protected in the Joint Declaration and now in the

final version of the Basic Law. In addition, the Hong Kong (British Nationality) Order 1968 gives the ethnic minorities

a further assurance by providing that the children and

grandchildren of those who are BDTCs prior to 1 July 1997 will have British overseas citizenship if they would

otherwise be stateless.

3.

Ministers have also given a specific assurance in Parliament that if, against all expectations, these people

came under severe pressure to leave Hong Kong, we would

expect the Government of the day to consider their case for

admission to the UK with considerable and particular

sympathy. We stand by that undertaking, which has been

repeated on several occasions during Parliament's

consideration of the Bill.

CONFIDENTIAL

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