TNAG-1373-FCO40-1819-Ministerial-visits-from-the-UK-to-Hong-Kong-1985 — Page 77

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1997 to acquire a form of British nationality if they

stateless. We will be pursuing with

would otherwise be

the Chinese Government

at the second Joint Liaison Group

meeting in November the question of whether such people and/or subsequent generations will be able to acquire Chinese nationality. The Indians have also been asking

whether, after 1997, they will be entitled to British

consular protection in the SAR. The answer is that they

will. Although the Chinese memorandum on nationality

excludes the provision of British consular protection in

the Hong Kong SAR to BN (O)s or BOCs whom China regards as

Chinese nationals, neither it nor the UK memorandum

exclude such provision to non-Chinese nationals such as

the Indians.

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5.

The Order does not deal with the question of

passports, which are a matter of prerogative and do not

require legislation. We have however agreed with Hong

Kong a public line setting out Our proposals for the format and issue of BN (O) passports. We are discussing

with the Chinese the exact form of words for the

endorsement in these passports. Broadly it will state

that the holder possesses Hong Kong ID card number XYZ as

evidence of his right of abode in Hong Kong and

(hopefully) the Hong Kong Special Administrative Region.

There has been criticism in Hong Kong of such an

endorsement, a number of press articles arguing that it

should state directly that the holder has the right of

abode in Hong Kong/the Hong Kong SAR. The Chinese made

it clear during the negotiations that this would not be

possible: after 1997

1997 only the People's Republic state directly who had right of abode in the SAR.

BN(0) passports will span

government,

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means

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that

the right of

right of abode

could

Since

the 1997 transfer of

abode formula will have to be

valid for British Hong Kong and Chinese Hong Kong. This

the pre-1997 formula will have to be compatible with the post-1997 formula. Some critics have argued that use of the indirect formula proposed will

me an that s ome

will require BN (O) s

countries

to

carry

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