TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 125

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

provision in relation to the descendants of non-Chinese BDTCs in

Hong Kong if he were satisfied in any particular case that the

circumstances justified it.

[Since the question of our obligations under the UN Convention on

the Reduction of Statelessness have been mentioned [in previous

debates in this House] I take this opportunity to confirm that the

provisions which the Government are proposing for dealing with

statelessness not only meet our obligations under the Convention but

in fact go very far beyond them.]

My Lords, the Government have moved to meet the concerns of the

House and of those directly affected in Hong Kong.

I firmly believe that

measures I have described should be

sufficient to alleviate concerns about statelessness

on the part of

non-Chinese BDTCs in Hong Kong. There will of course be a further

opportunity to discuss these matters when the Government bring a

draft Order-in-Council before the House. But from the point of

statelessness I believe that the provisions of this amendment are

unnecessary.

I assume that a further purpose of the amendment is concerned with

the provision of right of abode rather than the problem of

statelessness as such. The Government does not believe that there

is any justification for providing right of abode in this country to

any group of BDTCs in Hong Kong who do not have it at present. The

same of

course would apply to British Nationals (Overseas) after

1997.

The first reason for this is that the agreement itself guarantees

the right of abode in Hong Kong after 1997 to persons who have been

resident in Hong Kong for 7 years or more and have taken Hong Kong

as their place of permanent residence, and also to persons who

before the establishment of the Hong Kong SAR only have the right of

abode in Hong Kong. This would, I believe, cover all the

non-Chinese BDTCs in Hong Kong unless they are only there

temporarily, and have a right of abode elsewhere. I believe that this provision is an entirely satisfactory guarantee of the right of

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