CONFIDENT IAL
Associations estimate that the number of ethnic minority BDTCs who
have no other form of nationality available to them is now less than
6,000, including dependants. They argue that it is this group,
rather than ethnic minority BDTCs as a whole, who will be the most
vulnerable after 1997 and who should therefore be given British
citizenship.
Concerns of the Ethnic Minorities
8. The main concern of the non-Chinese ethnic minorities in Hong
Kong is that they could become stateless after 1997 because
(a)
the Chinese memorandum associated with the Joint Declaration
makes no provision for the ethnic minorities to become Chinese
nationals.
(b)
the new status of British National (Overseas) which was created
under the British Nationality (Hong Kong) Order 1986 is not
transmissible to the holder's children.
(c)
moreover, as the law stands, the ethnic minorities have no
means of proving that they have taken Hong Kong as their place
of permanent residence in order to qualify for right of abode
in Hong Kong under Article 24(4) of the draft Basic Law.
Measures taken to meet their conerns
9. In recognition of the potential vulnerability of the ethnic
minorities after 1997, the Government have already taken the
following measures to safeguard their position:
(a) Special provision was made under the British Nationality (Hong
Kong) Order 1986 for ethnic minorities who might otherwise be
stateless, to be granted British Overseas citizenship for 2
generations beyond 1997.
(b)
Lord Glenarthur gave an assurance in the House Of Lords on
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CONF IDENT IAL