1920-09
SECURITY BRANCA
2
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not include ex-BDTCs who will be regarded as Chinese nationals.
It is understood by both the British and Hong Kong Governments that the "Chinese compatriots" mentioned in the second
paragraph of the Chinese Memorandum appended to the Sino-British Joint Declaration include most of the ethnic Chinese Hong Kong residents. In other words, most ethnic Chinese ex-BDTCS will be regarded as Chinese nationals instead of becoming stateless and hence will not come under S6(1) of the long Kong (British Nationality) Order 1986. However, should there be any ex-BDTC of Chinese origin who is not regarded as a Chinese national and who can also effectively prove his statelessness, Section 6(1) will also apply to him.
Any person who applies the BOC passport and status must effectively prove that he is stateless and that his statelessness is the result of the termination of his long Kong BDTC status on 1 July 1997 before he can become eligible.
According to the tape recording of the meeting of the LegCo Subcommittee on Nationality on 31 March 1993, when he was asked on several occasions about the BỌC question, Dr Simon Vickers repeatedly pointed out that to be eligible for BOC status one has to be stateless on 1 July 1997.
The purpose of S. 6 of the Hong Kong (British Nationality) Order 1986 is to avoid the situation of people becoming stateless. As I have pointed out in my response to the second question, this provision applies to all people who become stateless as a result of the termination of their BDTC status on 1 July 1997, and all applicants, irrespective of race, must effectively prove that they are stateless. This arrangement is not against the principle of equality of race. On the contrary, this provision guarantees that all residents of Hong Kong, irrespective of race, will be given reasonable treatment on the matter of nationality and will not become stateless as a result of the changes in 1997.
Yours faithfully,
(Ingrid Ho)
Acting Principal Assistant Secretary for Security