114
RESTRICTED AX 14
did
ex-British colony, but who had not become nationals of the
ex-colony when it became independent, for exampis, some
Chinese in Malaysia.
Asians in East appien
3.
The BOCs will likewise in 1997 become the
residual option (to avoid statelessness) for those Hong
Kong BDTCs who do not become Chinese nationals or
BN (0)'s. All Chinese will become Chinese nationals in
1997 automatically, and the ethnic minorities may do so
voluntarily, according to our understanding of the PRC
position. Comparative provisions in the Hong Kong
(British Nationality Order 1986) for BOC's as against
BN (O)s are produced in full in Annex A in table form. A
simpler diagram of the various options beyond 1997 for
Hong Kong BDTCs is at Annex B.
4.
Ly
Persons regarded as Chinese nationals are not
stateless. Neither will their children be stateless at
birth according to our understanding of the Chinese
Nationality Law. They and their children will therefore
not be eligible for BOC, status. The only uncertainty is
part with respect to those who are slightly chinese as it is
not clear in Chinese Nationality Law how, if such law is
based on race, the degree of ethnicity will be defined in
international legal terms. However it is clear that for
RESTRICTED 內部文件