NANOSTOTN
וד TTET
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NYL Sch. J. Int'L & Comp. I.
(Vol 5
In the memorandum associated with the Joint Declaration, the PRC did not reverse its traditional position with regard to the accepta- bility of the passport for travel to mainland China. The Chinese Gov- ernment still requires all Hong Kong and Macao compatriots visiting the "motherland" to make use of huexiangzheng issued by the Guangdong Provincial Public Security Bureau, except in special cases where a Hong Kong British passport is acceptable."""
Currently, BDTC holders enjoy a special privilege under reciprocal arrangements between Britain and some other countries whereby visa requirements are waived for British nationals. This privilege is not in- herent in the BDTC status per se. After 1997, such arrangements must be authorized by the Hong Kong SAR Government with the assistance of the PRC.14 Hence, the continuation of this privilege will depend on the policies of the future Government of Hong Kong, and on the coop. eration of foreign countries which, in turn, will be forthcoming only with Hong Kong's continuing stability and prosperity. Therefore, BDTC cannot be viewed as a source of acquiring the right to travel abroad.
International protection is another important aspect of nationality status. Under a universally recognized principle of international law, a state is entitled to protect its nationals who are located abroad.*** Al- though BDTC confers British nationality, seeking British diplomatic protection against either China or a third state would prove ineffective. China unequivocally states in its memorandum on nationality that it will not accept British consular protection on behalf of BDTC holders. Moreover, although Britain declares in its memorandum that BDTC holders will be entitled to receive British consular protection (as dis- tinguished from the broader concept of diplomatic protection),145 such
142. See Guangdongsen Gonganju Guanyu Gangao Tongbao Kao “Gongao Tongbao Huexiangzheng" Laiwang Wenti de Tonggao (Decree of the Guangdong Provincial Pub- lic Security Bureau on the Hong Kong/Macao Compatriots" Use of “Homecoming Certifi- cates"); Zhonghua Renmin Gongheguo Gongan Fagui Xuanbian, supra note 73, at 257.
143. Joint Declaration, infra app. I, annex I, art. XIV.
144. The Permanent Court of International Justice declared in the Marrommatis Palestine Concessions case: “It is an elementary principle of international law that a State is entitled to protect its subjects, when injured by acts contrary to international law committed by another state, from whom they have been unable to obtain satisfaction through the ordinary channels.” 1924 P.C.I.J., ser. A. No. 2, at 12.
145. The British Memorandum, annexed to the British White Paper on Hong Kong, see supra note 107, states that BDTC holders will be entitled under the agreement to receive, upon request, British consular services and protection when in third countries. The Memorandum notes that BDTC holders “will cease to be BDTCs with effect from 1 July 1997, but will be eligible to retain an appropriate status which, without conferring the right of abode in the United Kingdom, will entitle them to continue to use passports issued by the Government of the United Kingdom.” Id.