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CALLS ON MR HUM BY LEGCO COUNCILLORS, 20 AND 21 JANUARY

NATIONALITY ISSUES

Background

(A) Ethnic Minorities

1. LegCo members have aired from time to time the issue of British citizenship for "ethnic minorities".

The focus sharpened following a debate (on a motion introduced by Mr McGregor) on ethnic minorities in LegCo on 18 November, and the formation that month of a Sub-Committee under the chairmanship of Emily Lau, charged with examining this issue in detail.

2. Hong Kong Government estimate that some 26,000 people fall into the "ethnic minority" category. Most are of Indian origin. Others include Pakistanis, Eurasians and Amerasians. About 19,000 are either Indian or Pakistani citizens. About 7,000 have solely British citizenship (they are chiefly British Dependant Territory Citizens or British Nationals Overseas, BDTC and BNO). All BDTCS/BNOS have right of abode in Hong Kong now and after 1997. Other long term residents currently enjoy an unconditional right of stay.

3. The ethnic community and their Legco supporters see the problem as being a lack of a "proper" nationality and passport. They fear having no right of abode in any part of the world after 1997, and that they will be stateless, vulnerable and isolated, and that their descendants will suffer the same fate. They see the solution as granting "full" British citizenship with right of abode in the UK.

Right of Abode

4.

As to right of abode in Hong Kong post-1997, members of the ethnic minority fall into 3 categories;

(i) foreign passport holders, defined as Foreign Nationals by China eg Indian and Pakistani citizens;

(ii) non-passport holders;

(iii) Hong Kong residents with a form of British nationality

chiefly British Dependent Territory Citizens (BDTC) and British Nationals Overseas (BNO).

5. Only category (ii) have grounds for concern ie those without nationality of any sort who are of non-Chinese ethnic origin. This group is believed to be small (about 100). The Basic Law - 24 (4) guarantees them the right of abode, that is the right to enter and not be deported from Hong Kong after 1997. It is open to any who have been in Hong Kong for longer

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