TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 118

b)

Right of abode in Hong Kong can only be provided

by the Government until 30 June 1997. After that date,

it will be a matter for the Chinese Government. But the

agreement with the Chinese guarantees rights of abode in

Hong Kong after 1997. The Government believe that these

provisions will cover all non-ethnic Chinese BDTCs in

Hong Kong, unless they have left Hong Kong permanently

to settle elsewhere and have right of abode somewhere else.

c)

Nationality without right of abode in the parent

country is not a form of statelessness.

BDTCs do not

now have the right of abode in the United Kingdom. The

Council's proposals would undermine the principles of the

1981 Act, which was to confer on all former citizens of

the United Kingdom and Colonies a status which would

accurately reflect their links with the United Kingdom

or with a dependent territory as the case may be.

d)

BDTCs of Indian origin in Hong Kong have made it

plain through their Council that they wish to continue

to live in Hong Kong. Granting them British citizenship,

and thus right of abode in the UK, will not help to do

this.

Their future is safeguarded by the agreement.

e)

To

There is no substance in the suggestion made by the

Council of Hong Kong Indian Associations [and by

members] that the Agreement with the Chinese, or the

provisions of Article 6, are racially based. The

Government recognise an obligation to ensure that no-one

is left stateless in 1997. The provisions made will apply

to any former Hong Kong BDTCs, whatever their ethnic

origin, who do not become BN (0)s and who would otherwise

be stateless, and their children and grandchildren.

grant British citizenship to the non-ethnic Chinese BDTCs

simply on the grounds that they will not be regarded as

Chinese nationals would in itself be racially discrimin-

atory. Furthermore, it will undoubtedly lead to claims

for similar treatment from the Chinese Hong Kong BDTCs.

Such claims which would have to be denied under the terms

of the Agreement, would be deeply divisive in Hong Kong at

a time when we should be doing all we can to promote

harmony and confidence.