17-04-1990 16:15 HKGO LONDON 01 495 5033
44 1 495 5033 P.02
British Nationality (Hong Kong) Bill
You may wish to reassure FCO and the Ministers that we aim to introduce as soon as possible the
Qnaannonb: or ܐ
clatire amendmondo but WC
we CaliVL DY
any more precise on the timing. The main difficulties involved are
2.
(a)
(b)
the right of abode provision in the Joint Declaration refers to "Chinese nationals" in JD158, and to "all other persons" in JD159. We are not competent to interpret who are and who are not chinese nationals, and the Chinese have not answered our questions put to them some time ago.
That causes difficulty over legislative amendments to further align our law with the Joint Declaration;
JD158 and JD159 also cover the right of persons born to Chinese nationals etc. we have not yet come to any agreement with the Chinese on how the children provisions" should be interpreted.
On progress (defensive), we are considering legislating by stages. As a first step, we intend, tentatively starting June 1990, Lo grant unconditional stay to foreign residents who have lived here for seven instead of the present nine years. This alignment is a move towards the implemention of the provision under Section XIV of Annex I to the Sino-British Joint Declaration.
3.
As for questions on ethnic minorities, the line to take should be that eligible Hong Kong residents can apply under various sections of the UK Nationality Scheme irrespective of ethnic origin. There is no special provision in the scheme for any particular ethnic groups.
However, parliament has repeatedly been
/assured