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·DRO-T
Foreign & Commonwealth
Office
ok file
15
17 January 1991
T Kavanagh Esq
Immigration and Nationality Department
Home Office
Lunar House
40 Wellesley Road CROYDON
CR9 2BY
Dear Mr Kavanagh,
RIGHT OF ABODE IN HONG KONG
London SW1 2AH
HKD 340/4...
RECEIVER »
1 8 JAN 1991
DFSK D
INDEX
1. Thank you for your letter of 4 January. You asked for our views on the prospect of creating a group of people who retained some form of British nationality without right of abode in Hong Kong. The short answer is that we agree with you that there will not be a problem of substance, but you may find it useful to see the views of our Legal Advisers as follows:
"Under Chinese nationality law:-
(i)
(ii)
any person born in China (which after 1997 will include Hong Kong) whose parents are, or one of whose parents is Chinese, is a Chinese national.
persons born outside China (including Hong Kong) whose parents are, or one of whose parents is a Chinese national, are Chinese unless the parents or parent was settled abroad and the individual concerned has acquired a foreign nationality at birth.
Under the Basic Law, Chinese citizens (which presumably has the same meaning as Chinese nationals in the Nationality Law)
(i) who were born in Hong Kong before or after the
establishment of the SAR; or
(ii)
(iii)
DAWAHA/CC
who have ordinarily resided in Hong Kong for seven continuous years before or after the establishment of the SAR; or
who were born outside Hong Kong whose parents or one of whose parents falls into either category (i) or (ii), have the right of abode in Hong Kong.
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