Article from Hong Kong Economic Journal of 26.4.93
Further clarification sought from Secretary for Security
Acting Principal Assistant Secretary Miss Ingrid Ho clarified some points in the article 'You can become British Overseas Citizens'. Regarding the eligibility for the BOC status, Miss Ho quoted from the Chinese Memorandum annexed to the Joint Declaration, 'Under the Nationality Law of the People's Republic of China, all Hong Kong Chinese compatriots, whether they are holders of the "British Dependent Territories Citizens' Passport" or not, are Chinese nationals.' Miss Ho said that Chinese nationals are people with Chinese nationality hence 'will not be seen as stateless'. They do not, therefore, fit the criteria of being 'stateless' after 1997. The writer of this article would like to request further clarification from the Secretary for Security on the following five questions.
First, does Britain accept the Chinese practice of determining nationality by ethnicity instead of by voluntary act through legal procedures?
Second, does Section 6(1) of the Hong Kong (British Nationality) Order 1986 only apply to non-ethnic Chinese people? If yes, why is there no clear indication in the Order to the effect that this provision does not apply to ethnic Chinese?
Third, after 1997, will the British Consulate refuse applications for becoming BOCS from ethnic Chinese who are previously BDTCs solely on the ground that they are ethnic Chinese, even though they have made a statutory declaration that they have no other nationality outside BDTC status?
Fourth, on March 31, Principal Assistant Secretary for Security, Mr Simon Vickers said that in 1997 citizens can choose to apply for the BOC status at the British Consulate. Why did he not specifically point out that "citizens" here refer only to non-ethnic Chinese people? Fifth, if the British Government agrees to deal with people of different ethnicity in different ways when applying the same law (s. 6(1) of the Hong Kong (British Nationality) Order 1986), is it in line with the principle of equality for all races provided in the Convention on Human Rights?
Finally, the writer does not think Britain accepts that nationality is acquired by ethnicity instead of by voluntary act through legal procedures. That is why he says that a space is made in S.6(1) of the Hong Kong (British Nationality) Order 86. However, because of practical considerations Britain "does not want to see a great number of Hong Kong residents automatically becoming BOCS by not applying for the BN (O) passport."