TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 168

E.R.

HONG KONG: NATIONALITY ARRANGEMENTS:

(i) NON-ETHNIC CHINESE BDTC'S

7

INTRODUCTION

com estimated

1. Of the roughly three and a quarter million BDTCs in Hong Kong some

Some Sie Thas and of Ten six thousand are not of Chinese ethnic origin. Most of these are of

ethnic Indian origin. They are not regarded by the Chinese Government

as Chinese citizens but the Sino British Joint Declaration guarantees the right of abode toona chase crebola :

(a)

(b)

these who have lived in Hong Kong for seven years and have

taken it as their place of permanent residence;

any children of such people under the age of 21 born in Hong Kong

before or after 1997

3

(c)

anyone who before 1997 has a right of abode in Hong Kong only.

2. During the passage of the Hong Kong Bill, the Indian Community in Hong Kong

pointed out that although Chinese nationality law makes provision for them to

RDICA apply for Chinese Citizenship, only their ethnic Chinese compatriots and any

children born to them will become Chinese Nationals automatically and those

of ethnic Indian origin might have their applications refused and they and

their children be left stateless.

3. To meet these concerns the Government has undertaken that no former

Hong Kong BDTC nor any child born after 1997 to such a person become stateless

as a result of the Agreement. By virtue of Article 4(2) of the draft Order

Hong Kong BDTCs can opt to become British Nationals (Overseas), but under

Article 6(i) of the Draft Order any BDTC who for any reason has not opted to

automatral

become a British National (Overseas) will, acquire British Overseas citizenship

と

on 1 July 1997 if he would otherwise be stateless and under Article 6(2) any of

his children born on or after that date who would otherwise be stateless (for

example if they are not regarded as Chinese Nationals) will automatically acquire

British Overseas Citizenship at birth. Article 6(3) of the draft Order also provides, as a result of representations in the House of Lords on behalf of

minary the Indian Communit, that the grandchildren of former Hong Kong BDTCs, if born

stateless, will be entitled to register as British Overseas citizens.

Such

/cont...