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SAR passports for ethnic minorities
Following is a question by Dr the Hon Leong Che-hung and a written reply by the Secretary for Security, Mr Peter Lai, in the Legislative Council today (Wednesday):
Question:
I
With regard to the recent report that the ethnic minorities in the territory would not be eligible to apply for the Special Administrative Region passports, will the Administration inform this Council whether it has taken any action to ask the British Government to discuss the issue of the nationality of the territory's ethnic minorities with the Chinese Government; if so, what action has been taken and with what result?
Reply:
Mr President,
Ethnic minorities in Hong Kong who hold a foreign passport will qualify for the right of abode in the Hong Kong Special Administrative Region if they satisfy the requirements set out in the Joint Declaration and Article 24(2)(4) of the Basic Law. Their nationality will not be affected.
Ethnic minorities who hold BDTC or BN(O) passports only will continue to have the right of abode in the Hong Kong Special Administrative Region after 1997 if they do not have the right of abode elsewhere before 1997. This is provided for in the Joint Declaration and Article 24(2)(6) of the Basic Law.
Ethnic minorities who are BDTCs can apply for BN(O) passports before 1 July 1997, or become British Overseas Citizens (BOCs) automatically on that date if they have no nationality other than British. Their children will automatically become BOCs if they would otherwise be stateless. Their grandchildren will be able to acquire the BOC status by registration if they would otherwise be stateless.
The eligibility criteria for the Hong Kong Special Administrative Region passport are set out generally in Article 154 of the Basic Law. The British side are continuing to discuss with the Chinese side in the Joint Liaison Group on questions relating to the right of abode in Hong Kong after 1997 and the eligibility for Hong Kong Special Administrative Region passports. We place importance on an early resolution of these issues, and hope that a satisfactory agreement with the Chinese side could be achieved as soon as possible.
End/Wednesday, November 22, 1995