BACKGROUND
3.
The nationality aspects proved to be the most
difficult part of the negotiations with the Chinese.
This was partly because of the differing views of the
Chinese and the people of Hong Kong as to what their
future status should be, and partly because of differences
in UK and Chinese nationality law. Attached for con-
venience is a copy extract from recent briefing material
sent to the Home Secretary setting out the position of
Hong Kong BDTCs under UK nationality law, and the
arrangements to be made for disconnecting them in 1997.
4.
Hong Kong, while recognising the Chinese claim to
soureignty in 1997, nevertheless wished to provide for a
continuation of British nationality after that date, and
to be permitted to transmit that nationality to their
children. The Chinese for their part were adamant that
it would not be appropriate for anyone to become British
after 1997 by virtue of a connection with Hong Kong, and
this had to be conceded. In addition, Chinese nationalit
law, unlike ours, does not permit dual nationality.
Since the Chinese regard all their Hong Kong compatriots
as Chinese nationals, then under Chinese nationality law
they could not also remain British nationals. A
compromise was therefore agreed whereby the Chinese
Government would permit former Hong Kong BDTCs to
continue to travel after 1997 on travel documents issued
by the British authorities, while turning a blind eye
to the fact that the documents would be passports, and
that the holders would therefore possess a form of
British nationality. But in keeping with their view
that all vestiges of the colonial past should disappear
on 1 July 1997, they insisted that the passports had to
be acquired before 1 July 1997.
5.
The Agreement therefore inevitably links the
acquisition of British National (Overseas) (BN(0) status
with the holding of the passport. This caused some
difficulty in reconciling the terms of the Agreement
2 -
No comments yet.
Private notes are available after approval.