CONFIDENTIAL
LOSS OF TRANSMISSIBILITY OF BDTC STATUS
13.
This was a point of principle for Chinese. HMG fought hard for
it but was forced to conclude finally that
it was not negotiable.
STATELESSNESS
14.
Provision will be made in relevant legislation for children
born after 1 July 1997 to former Hong Kong BDTCs who are not Chinese
nationals to acquire another form of British nationality at birth if
they would otherwise be stateless. Also for any non-Chinese former
BDTCs who become stateless on I July 1997 for whatever reason.
[IF OTHER CASES RAISED] The intention is to make provision to cover
those who might otherwise become stateless as a result of the provision of the agreement and the UK memorandum. Full details have
not yet been worked out.
WHY EXCHANGE OF MEMORANDA? STATUS?
15.
The two Governments agreed that a separate exchange of
memoranda was the most appropriate way of dealing with nationality
questions. The exchange is associated with Joint Declaration and
part of the package as a whole. It amounts to a unilateral political commitment by each side. Texts exchanged at the signature ceremony on 19 December. The two sides agreed that they should be
published.
DEFENCE
ROLE OF PLA IN HONG KONG SAR.
16. It is clear that the PRC will be responsible for SAR's defence.
Whether troops are stationed there will be a matter for the Central
People's Government. The agreement makes clear that public order
will be responsibility of the SAR Government and that troops
stationed in SAR for the purpose of defence will not interfere in
its internal affairs. I am sure that the Chinese government is well
aware of the views expressed by the Hong Kong people on this
subject.
RESPONSIBILITY/CONTROL OF ANY PLA TROOPS STATIONED IN HONG KONG
17. The agreement makes clear that the Central People's Government will be responsible for defence of Hong Kong SAR. Maintenance of public order will be the responsibility of the SAR Government.
CONFIDENTIAL
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