CODE 18-77
Reference..
was weak but the best we could do at the time. I suggest you (or UND) look up these papers as a starting point.
CHAPTER VI : RIGHTS OF ABODE IN THE UK
9. BDTCs of non-Chinese origin
Comment
I would query the statement at the top of ICJ, page 64, that they will become effectively stateless in 1997. Will they not have BN (0) status? If so, while that does not confer right of abode in the UK, it does confer nationality. However, I am not conversant with the details of our nationality law and leave definitive comment to Mr Morris, in consultation with Miss Brooks.
10. Legal status of the Memoranda on nationality exchanged with the JD
HKG have not commented on the ICJ claim that as a matter of law the UK would not be acting improperly by altering the proposals contained in the Memorandum.
The legal status of the Memoranda is, in my view, ambiguous. We could plausibly argue that they are binding, or that they are not, depending on our policy interests. As far as I know, we have not committed ourselves to either view publicly or to the Chinese. You might like to ask RAD to check this. I recall seeing a minute by David Edwards in late 1989 on the proposed "reassurance package" which touches on this issue. It would be helpful if RAD, or Mr Morris, could trace it.
CHAPTER VII : THE DEMOCRATIC DEFICIT
11.
Electoral Register
Comment
The final paragraph of ICJ, page 71, expresses concern at the procedure required of HK residents wishing to apply for entry to the electoral register. If the burden on residents to register is unduly onerous, this would be a matter for concern. Perhaps you would care to ask HKG for details of how the register was drawn up, and the procedures they have for keeping it up-to-date.
CHAPTER VII : ACCOUNTABILITY OF THE EXECUTIVE
12.
Compatibility of BL44 with the ICCPR
The ICJ are of the view that the exclusion of Chinese citizens with the right of abode in another country from eligibility for the office of Chief Executive is contrary to the ICCPR.
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