TNAG-1387-FCO40-1835-Future-of-Hong-Kong-nationality-and-citizenship-1986 — Page 169

HONG KONG

DRAFT ORDER IN COUNCIL

BACKGROUND NOTE

1.

of the inter

The nationality aspects proved to be the most difficult part of the negotiations with the Chinese on the future of Hong Kong. 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.

W3

cuse

2.

Hong Kong, while recognising the Chinese claim to sovereignty

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 nationality 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 however 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 bling 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 disapper on

1 July 1997, they insisted that the passports had to be acquired

before 1 July 1997.

3.

The UK Memorandum associated with the Agreement therefore provides that the new nationality status (namely British National (Overseas)) may only be acquired by Hong Kong BDTCs if they hold or are included in a British passport describing them as being that status, issued before 1 July 1997 (or before the end of 1997 in the

The case of persons born in the first 6 months of that year). Agreement is unique in this making the holding of a passport essential for retaining the status of British National (Overseas).