TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 10

ME3AIC (3)

BACKGROUND

Some reports in Hong Kong, in particular one or two articles in Communist-backed Chinese language press organs have suggested that nationality arrangements for the ethnic

minorities are a problem for Britain to solve. These

reports have been quoted by some lobbyists for the Indian

community as justifying granting British citizenship to

these minorities. But these press reports can by no means

be taken as an authoritative Chinese position. The Chinese

have not said formally to us that the Indians and others

are a problem which they look to us to solve before 1997,

although they have had many opportunities to do so. On the

contrary at

at the second meeting of the Joint Liaison Group

in Peking in November last year they confirmed that such

people, provided that they met the legal requirements,

could apply for Chinese nationality and that their

would be considered by the

applications

appropriate authorities. The relevant section of Chinese nationality law which would presumably apply in these cases would be Article 7 which is widely drawn:

"Aliens or stateless persons who are willing to

abide by China's constitution and laws may acquire Chinese nationality on approval of their

applications provided that (1) they are close

relatives of Chinese nationals, (2) they have

settled in China, or (3) they have other

legitimate reasons."

The whole spirit of the Joint Declaration on the future of Hong Kong with its provisions concerning right of abode and public service implies a welcoming atmosphere for the ethnic minorities. We have every reason to believe that

the Chinese Government will stick to the spirit and the

letter of the Agreement.