TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 229

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

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only by becoming a British citizen). The position will be the same

for those BDTCs who become BN (0)s: under the Hong Kong Act BN(0)

citizenship cannot carry with it a right of abode in the United Kingdom.

The Indian Association's proposal would undermine the principle of the

1981 Act by exceptionally allowing BDTCs in Hong Kong who might otherwise

be stateless after 1997 to become British citizens, and thus to claim

the right of abode in the United Kingdom. This would be directly contrary

to the basis of the Joint Declaration and would not only therefore

jeopardise the agreement but would also be widely seen in Hong Kong as

unfairly and unnecessarily giving different treatment to this group than

to other BDTCs.

British citizenship is not necessary to ensure these BDTCs have a

recognized citizenship status after 1997. Nor can it help them further

to secure their future in Hong Kong. As I understand it, the Council's

main concern is that their community should have a citizenship which

allows them to continue to live in Hong Kong. They claim that a

nationality without right of abode in the parent country is a form of

statelessness. In fact, they will not be stateless after 1997, since,

as I have explained, those who might otherwise be will become British

Overseas citizens. British citizenship, which gives a right of abode

in the United Kingdom, could not give a right of abode in Hong Kong because

after 1997 it will not be within the British Government's power to grant

that right. Indeed, under the agreement, Chinese nationals themselves

will only have the right of abode there after 1997 if they have specified

links with Hong Kong. Nor is there any substance in the Council's

suggestion that the arrangements agreed with the Chinese are racially

based.

The Government's provisions to guard against statelessness 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. And they are fully in accord with our

obligations under the UN Convention on the Reduction of Statelessness.

I believe therefore that the arrangements we have made are fair,

reasonable and as far as practicable meet the future needs of BDTCs in

Hong Kong while taking account of the changed position after 1997.

am as satisfied as I can be that the Indian and other ethnic minority

communities in Hong Kong need have no fear for their future there, and

that there are no grounds for treating them more favourably than other

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