TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 174

66391

HONG KONG NATIONALITY ORDER IN COUNCIL

BRIEFING NOTES

Hinn 34011 нии

RECEIVED IN REGISTRY

12 MAY 1986

DESK OFFICER INDEX

ΡΑ

REGISTHY Action Taken

1.

TREATMENT OF NON-ETHNIC CHINESE

1.

HMG SHOULD GRANT BRITISH CITIZENSHIP RATHER THAN OVERSEAS CITIZENSHIP TO NON-ETHNIC CHINESE BDTCS WHO HAVE NO OTHER NATIONALITY

The granting of British citizenship is unnecessary to provide a citizenship

status for people in Hong Kong who would otherwise be stateless.

British

Overseas citizenship provides an entirely adequate and fitting citizenship

status. Neither status can provide a right of abode in Hong Kong. That is

guaranteed under the Joint Declaration. A separate right of abode elsewhere

is therefore not necessary.

This is the most controversial outstanding issue. UMELCO, while welcoming

the agreement to two of their requests, have expressed their continued support

of the non-ethnic minorities case.

The detailed arguments against acceding the request are:

a)

the provisions in Article 6 fully reflect the undertakings given

during the passage of the Hong Kong Bill. These were that no former BDTC,

to such a person, will become

This was extended to cover the

nor any children born after 30 June 1997

stateless as a result of the agreement.

grandchildren of former Hong Kong BDTCs, if they were born stateless.

b) Right of abode in Hong Kong can only be provided by the Government

until 30 June 1997. After that date, it will be a matter for the Chinese.

But the agreement with the Chinese guarantees rights of abode in Hong Kong

after 1997. The Government believe that these provisions will cover all

non-ethnic Chinese BDTCs in Hong Kong, unless they have left Hong Kong

permanently to settle elsewhere and have right of abode somewhere else.

c)

Nationality without right of abode in the parent country is not, as

has been suggested in some quarters, a form of statelessness. BDTCs

do not now have the right of abode in the United Kingdom. The Council's

proposals would undermine the principle of the British Nationality

Act 1981, which was to confer on all former citizens of the United

Kingdom and Colonies a status which would accurately reflect their links

D1.1.