TNAG-1560-FCO40-2124-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 83

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

ETIAPO

REDRAFT OF PARAGRAPHS 9 AND 12 OF ANNEX TO MINUTE TO PRIME

MINISTER

9.

amounts

They

to

a form of

i s

wrong that their

threatened wi th

i s no automatic

The non-ethnic Chinese community argue that this is not

adequate because British Overseas citizenship does not give

them the right of abode anywhere in the world.

therefore maintain that i t

statelessness. They also argue that i t

third generation descendants should be

statelessness, and point out that there

right for such people to acquire Chinese citizenship. (The

Chinese Government, while agreeing that they have the

discretionary ability to offer Chinese citizenship in such cases, have made it clear that they would prefer the British

to solve this

this problem.) The minorities argue that because

unlike the Chinese community in Hong Kong they will not have

automatic entitlement to Chinese citizenship, they deserve

special consideration from HMG. The Government's views on

this request were explained fully by Ministers during

the

debates in Parliament in January. The communities concerned

say that they wish to

to continue

live and work in Hong

Kong. British citizenship cannot give them the right of abode in Hong Kong, which is however secured by the Joint Declaration. Nor would the grant of British citizenship prevent the third generation from becoming stateless, since the BNA only allows the transmission of British citizenship to two generations born Overseas. The only justification for British citizenship to these people in fact would be

giving it would allow them

to the UK after 1997

that do not work out well for them in Hong Kong. We suspect

to

come

things that this is the real motivation

i f

of the people

concerned. However it is by no means clear that it would be right to grant such an insurance policy to this sector of the community alone in Hong Kong. In our view the grant of British Overseas citizenship and the provisions on right of

abode in the Joint Declaration

guarantee

that those

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