but
to
the
nationals resident in a foreign country". The Hong Kong
Indians make no plea to general principle,
special circumstance of their case.
to
10.2A Baroness Young also referred to the fact that
British Nationality would be granted in the manner
identified in paragraph 5.2 and 5.3 hereof
three
generations of Hong Kong Indians; further that there is the
discretion in the Secretary of State for the Home Office
under Section 27 (1) of BNA to register any minor as a
British Overseas Citizen. Therafter, according to Baroness
Young "the Government believe the right course for those
who are permanently settled in what will then be a part of
China ultimately is for them to become Chinese nationals".
10.2B
It is, however, by no means clear that, even if
they So desired, Hong Kong Indians could acquire Chinese
nationality.
The relevant position of Chinese Nationality
Law is Article 7 which provides (so far as is
material)
"aliens or stateless persons who are willing to abide by
China's constitution and laws may acquire Chinese
nationality upon approval of their applications provided
that:
other
(2) they have settled in China, or (3) they have
legitimate reasons (see also Article 14). It will
therefore be a matter for the discretion of the Government
of the PRC as to
Chinese nationality:
described
whether Hong Kong Indians can acquire
Chinese "compatriots" as they are
in the Chinese Memorandum will acquire it
automatically.
10.2C
Notwithstanding the prolonged period
negotiations it appears that HMG have not procured the
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