TNAG-1564-FCO40-2129-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 125

BRIEFING PAPER PUT OUT BY CONSERVATIVE PARTY

HONG KONG: "NATIONALITY ARRANGEMENTS:

(i) NON-ETHNIC CHINESE BDTC'S

INTRODUCTION

1.

Of the roughly three and a quarter million BDTCs in Hong Kong about

ten thousand are not of Chinese ethnic origin. Some 6,000 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 to the following non-Chinese nationals:-

(a)

(b)

those 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;

(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 under Chinese nationality law they will be able after 1997 to apply for Chinese Citizenship, only BDTCS of Chinese ethnicity and their descendants will be 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 or any child born after 1997 to such a person should 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(1) of the Draft Order any BDTC who for any reason has not opted to become a British National (Overseas) and has no other nationality will automatically acquire British Overseas citizenship on 1 July 1997 and, under Article 6(2), any children of former Hong Kong BDTCS born on or after that date who would otherwise be stateless (for example if they are not regarded as Chinese Nationals and have no other form of nationality) will automatically acquire British Overseas Citizenship at birth. of the draft Order also provides, as a result of representations in the House of Lords on behalf of the minority communities, that the grandchildren

Article 6(3)

/cont...