CONNDENTLY.
b) the right of abode in Hong Kong should be preserved as far as practicable.
Up to 1997 this is provided for under the Hong Kong Immigration laws. After then
it must be formally a matter for the Chinese Government, but as far as non-ethnic
Chinese are concerned the Agreement guarantees the right of abode to those who
have lived in Hong Kong for seven years and have taken it as their place of permanent
residence; and any of their children under 21 who were born in Hong Kong; and
anyone who had right of abode only in Hong Kong before 1997. Under the Agreement
such people will continue to have the right of abode there after 1997.
4. Taken together these provisions ensured that no one would be left after 1997
without a nationality and a place to call their home as a result of the Agreement.
The nationality provisions safeguard non-Chinese BDTCs and their dependants up
to about the middle of the next century, after which we could reasonably expect
Chinese nationality law to take account of the position of these long term residents.
What the Indian community are now asking for
7
5.
What the Indian community is now asking for is the right of abode in the UK,
that is to say British citizenship. To this end they have kept up a steady campaign
of letters to MPs and also enlisted the aid of the JCWI, who sent a delegation
out there recently to look at this problem. The Indian Association are at pains
to point out that they have no wish to come to the UK and that they intend to remain
in Hong Kong. But they argue that although the Agreement with the Chinese is binding,
they will nonetheless be dependent for a place to live after 1997 on the goodwill
of a country of which they are not nationals and which has no responsibility for
them.
Furthermore, they argue that the Agreement does not solve the problem of
statelessness in the third and subsequent generations. Although they accept that
Chinese nationality law makes provision for them to apply, they point out that
there is no provision for them to acquire it by entitlement, and therefore no
guarantee that they would get it if they applied.
The proposed response
6. Under the 1971 Immigration Act most Hong Kong citizens of the United Kingdom
and Colonies did not have a sufficiently close connection with the UK to have right
of abode here. Under the 1981 Act they became BDTCs. As BDTCS they generally
have right of abode in their dependent territory but continue to have no right
of abode in the UK (since the introduction of the 1981 Act on 1 January 1983 right
of abode in the UK can be acquired only by being a British citizen).
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ORANIDENTIAL
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