7
5.2
5.3
5.4
5.5
reference to ethnicity). By Article 18 and Annex III of the Basic Law the
Nationality Law of the People's Republic of China will apply in Hong Kong
after the transfer of sovereignty. Therefore this principle of jus sanguinis will
apply to future nationality laws of Hong Kong.
Present Hong Kong Immigration practice, as a response to Chinese nationality
laws, differentiates between people of Chinese descent and those not. This is
borne out by the presence of 3 stars on the Identity Cards of those of Chinese
descent. This practice recognizes the different treatment accorded to those of
Chinese descent and anticipates the treatment that will be accorded to minorities
upon the transfer of sovereignty.
Article 7 of the PRC Constitution 1980 provides that Chinese nationality may be
acquired by discretionary grant to persons not ethnically Chinese. At present 37
Chinese minority groups are recognized in China, including Tibetans. There is
only 1 known precedent for a non-oriental obtaining Chinese nationality. This
was conferred for political reasons after the Long March in the 1930's. White
Russians who fled Russia after the Bolshevik Revolution never obtained Chinese
nationality.
For these and other various reasons many of the affected ethnic minorities
would not want to obtain Chinese Nationality. The ethnic minorities are
accustomed to the political, social and economic institutions developed in Hong
Kong by the United Kingdom. They are not accustomed to similar institutions
which presently exist in China.
In January 1993, Mr. Lu Ping, Director of the State Council's Hong Kong and
Macau Affairs Office, made an oral statement to a visiting delegation of the
Indian Chamber of Commerce. He was reported to have said that the affected
minorities could either remain stateless Hong Kong residents or alternatively
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