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b)
But the
that unless the Chinese abandon the principle o sanguinis (which would make the present dispute in the JLG as to who is a Chinese National for the purposes of bees Article 24 of the Basic Law academic) there would be Aw little prospect of Mr. Lu Ping's second option becoming appli
available.
There are at present no signs that this dispute wilt be
solved in the near future and to that extent Mr. Ping's cral assurances provide no adequate certainty.
A
Mr. Lu Ping's second option highlights the following points:
:)
ji)
the special passports will not be given as of nigba but must be applied for, it is unclear criteria will be adopted in approving on rejuctii.g each individual application and whether exercise of the discretion to reject will be Paviewable in a court of law. If so, whether - hiss review will take place in a Hong Kong count or not.. If it does take place here, the extent of the long Kong court's power to interpret the nationality law and review the decision to reject is unclear especially if the interpretation given by the Hong Hong court to the nationality law is inconslutni with previous interpretation by the Warional People's Congress of the same law in China;
In respect of criteria if, for example, one of the affected ethnic minorities joins a political organization which the Chinese Government deems to be subversive, will this have any implications to that person's application for Chinese Nationalik
application procedures will have to be clearly and simply set out. At present there appear to be hone for the non-recognized ethnic minorities, for example Indians, to apply for Chinese Nationality. In fact there is only one instance of a North American taking up Chinese nationality and that because of his political association with the Communist Party.
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4.
Assuming that members of the affected ethnic minorities do successfully apply for Chinese Nationality and special passports are issued to them will this "special" passport differ in any way from the passports issued by the SAR Government to people of Chinese race with regard to the rights and privileges afforded by such a passport? Will the reference in the Chinese Memorandum to the Joint Declaration to "... all Hong Kong Chinese compatriots
are Chinese