PA
19
Mr Hague HKD
нив 2331а
G.
FROM: Miss S Brooks
Legal Counsellor K199 270 3069
DATE: 16 April 1991
CONSULAR PROTECTION OF NON BRITISH WIVES
1. If wives and chidren of HMOCS members resident in Hong Kong hold British nationality and Chinese nationality after 1997, the master nationality rule will apply whereby such persons will not be given British consular protection in the Hong Kong SAR, part of the People's Republic of China. It is, of course, by no means clear whether the Chinese Government will regard them as Chinese nationals, British nationals, or, if an exception were to be made to the mono-nationality principle of Chinese nationality law as dual nationals. Although the Chinese Government has made and will continue doubtless to make pronouncements about general principles applicable, each case can only be looked at on an individual basis.
2.
There are however some general pointers as to the Chinese position. At present, Article 9 of the Chinese nationality law provides, I understand, that Chinese nationals who acquire foreign nationality of their own free will will automatically lose Chinese nationality. If this is not amended, this will have bearing on the status of many wives of Chinese origin who hold British nationality (though it is unlikely to have much relevance for their children). Also, according to the Chinese Memorandum on nationality attached to the Sino British Joint Declaration, persons who were British Dependent Territories citizens before 1997 will be considered to be Chinese nationals after 1997 and they will not be entitled to British consular protection. The position as regards other categories of British nationals is less clear.
3. We certainly cannot give a guarantee of British consular protection of these wives and children after 1997. I agree generally with the line in the draft submission and draft letter but I have made some manuscript amendments to both.
Shelagh Brocks,
S Brooks