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Status of Gurkha children in HK
Following is a question by the Hon Lo Suk-ching and a written reply by the Secretary for Security, Mr Peter Lai, in the Legislative Council today (Wednesday):
Question:
Will the Government inform this Council:
It is reported that recently there has been a considerable number of Nepalis, who claim to be descendants of retired Gurkha soldiers previously stationed in Hong Kong, coming to the territory in an attempt to obtain Hong Kong permanent identity cards before 1 July 1997 so that they can remain in the territory to take up employment, and that the number of such people eligible for applying for the Hong Kong identity card is estimated to be in tens of thousands. In this connection, will the Government inform this Council:
Reply:
(a)
(b)
(c)
of the numbers of descendants of retired Gurkha soldiers granted permission to reside permanently in the territory in each of the past twelve months, and the reasons for granting such permission;
of the number of applications for permanent stay in the territory from the descendants of retired Gurkha soldiers that are still being processed at present; and
whether it will consider adopting measures to stop the influx of these people into the territory in large numbers before 1 July 1997, so as to avoid putting the labour market under pressure?
The persons the Honourable member referred to in the question are persons of Nepalese origin who have the Hong Kong BDTC status.
Before the commencement of the current British Nationality Act on 1 January 1983, children born in Hong Kong to members of the Gurkha Garrison acquired the status of "British subject, citizen of the United Kingdom and Colonies" by birth under the British Nationality Act then in force. On 1 January 1983, when the current British Nationality Act came into force, all "Citizens of the United Kingdom and Colonies" who had that citizenship by birth immediately before, including these children born in Hong Kong to members of the Gurkha Garrison, became Hong Kong BDTCs. Since all Hong Kong BDTCs have the right of abode in Hong Kong, all such children of members of the Gurkha Garrison have the right of abode in Hong Kong. They are therefore entitled to Hong Kong Permanent Identity Cards.