TNAG-1565-FCO40-2130-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 81

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

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WHATEVER THEIR ETHNIC ORIGIN. BUT IT ALSO PROVIDES A CONTINUED

FORM OF NATIONALITY (BRITISH OVERSEAS CITIZENSHIP) FOR ANY WHO

HAVE NOT BECOME BN(0)S AND WHO WOULD OTHERWISE BE STATELESS, AND

FOR ANY CHILDREN OR GRANDCHILDREN OF FORMER BRITISH DEPENDENT

TERRITORIES CITIZENS IN A SIMILAR POSITION. WE ARE FULLY

SATISFIED THAT IN THESE CIRCUMSTANCES BRITISH OVERSEAS

CITIZENSHIP IS THE RIGHT CITIZENSHIP AND THAT IT PROPERLY

REFLECTS THE POSITION OF THESE CITIZENS IN HONG KONG. BRITISH

CITIZENSHIP CANNOT OF ITSELF SECURE ANYONE'S FUTURE IN HONG KONG.

THIS IS ASSURED UNDER THE SINO-BRITISH AGREEMENT WHICH IS

INTERNATIONALLY BINDING.

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 A BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE

REGION, AND WILL REMAIN UNCHANGED FOR 50 YEARS.

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

IT WOULD BE RIGHT TO GRANT BRITISH NATIONALITY WHETHER BRITISH

CITIZENSHIP OR BRITISH OVERSEAS CITIZENSHIP INDEFINITELY TO

FUTURE GENERATIONS BORN OUTSIDE THE UNITED KINGDOM. THIS WOULD

BE CONTRARY TO THE PRINCIPLES UNDERLYING THE BRITISH NATIONALITY

ACT 1981. 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.

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