TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 124

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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BNA. I believe that the provision I have just described will

constitute an important additional boost to the confidence of the

non-Chinese BDTC community in Hong Kong. It will provide an

avenue for the continuation of a form of British nationality to the

persons concerned until approximately the middle of the next

century.

Looking to the future, the Government remains of the view that the

right course for those who are permanently settled in what will then

be a part of China ultimately is for them

for them to become Chinese

nationals.

affected

I know that some concern has been expressed by those

that they or

their descendants will not be able to become Chinese

nationals. The Chinese Nationality Law however does provide in

Article 7 and I quote that "Aliens or stateless persons who are

willing to abide by China's Constitution and laws may acquire

Chinese nationality on approval of their applications provided

that:

(1) they are close relatives of Chinese nationals;

(2) they have settled in China; or

(3) they have other legitimate reasons.

#1

We

in

are of course speaking of people who are by definition settled

Hong Kong, which by then will be part of China. I accept that it

will be necessary for the Government to undertake further

discussions with the Chinese Government about how such persons might

acquire Chinese nationality. Our aim will be to ensure that it is

possible for the descendants of non-Chinese former BDTCs to obtain

Chinese nationality if they wish to do so.

Before leaving this subject there is one further point I should

make. This is that the Home Secretary does have discretion

under Section 27 (1) of the British Nationality Act 1981 if he thinks

fit to register any minor as a British Overseas citizen. It would

of course be open to any future Home Secretary to make use

of this

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