TNAG-1564-FCO40-2129-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 61

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

APR.23 '86 15:13 GMT HO 2 LUNAR HOUSE

That

of itself help to secure anyone's future in Hong Kong.

wh ch is assured under the Sino-British Agreements.

This is, of course,

an internationally binding agreement. Contrary to what you suggest in your letter of 17 February, non-ethnic Chinese permanent residents of Hong Kong will have the right of abode there as a matter of law. Paragraph 3(12) of the Joint Declaration provides that the basic policies of the People's Republic of China stated in the Joint Declaration and the elaboration of them in Annex 1 of the declaration (including the right of abode provisions in Section XIV) will be stipulated in the Basic Law of the Hong Kong Special Administrative Region, and will remain unchanged for 50 years.

a

Thus the nationality provisions of the Order and the right of abode provisions in the Joint Declaration together guarantee a form of British nationality and a place to live as a matter of right until about the middle of the next century. Clearly it would not be sensible for me to attempt to judge what the position will be by then. But the Government do not believe

witha Bakich zat yanka a Bath Dunia, it would be right to grant British nationality, indefinitely

L to future ahilerablurs burn outside the United Kingdom. This would be contrary to the principles underlying the British Nationality Act 1981, and our present view is that by the middle of the next century it would be right to expect those who will have been living in this region for so many years to apply for Chinese nationality. We would not expect the Chinese Government, any more than any other Government, to give a firm guarantee that they will grant Chinese nationality to anyone who applies for it. But we have discussed this with the Chinese Government in the Joint Liaison Group and they have confirmed that those

117 Ehinese who meet the legal requirements

under the Chinese nationality law may apply for Chinese nationality and that such cases would be dealt with by the appropriate

authorities. We expect to have further exhm ges with the Chines Covinama + about in the future

Your letter of 17 February also compared the situation An Hong

Kong with what happened when the United Kingdom relinquished

jurisdiction over other dependent territories on their independence.

2.

P.03

M

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