TNAG-1570-FCO40-2136-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 106

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

historical roots.

Historically. China has severe laws preventing her nationals from

migrating abroad. This occurred not only during the Ching Dynasty, but

35

can be traced back over 1000 years. The law stated that a severe

punishment would be imposed on those who returned from abroad; during

the early Ching era,

punishment would even be

capital

absence of several decades.

36

punishment applied. Very often, the

applicable to those who returned from an

This law became inactive only after China's

open door policy was forced upon her after the Opium War of 1842, when

China was defeated by the U.K. (Britain had pressured China to allow her

nationals the right of emigration because of the need for laborers in

British colonies.)

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Between 1842 and 1907,

W

nationals as still very bitter,

China's attitude towards her migrated

even though she was helpless to resist

pressure from Western Powers. The bitterness was shown in many ways;

some returned Chinese were persecuted or threatened after they came

back. She was also unwilling to extend protection to cooliers in

Southeast Asia or in America when they were badly discriminated

38

against

abroad. Many of her high officials had pressed for a change of law to

protect her nationals abroad. The first Chinese nationality law was

established only after tremendous pressure built up on both the domestic

and

foreign front, by high-ranking diplomats and overseas Chinese with

an immediate need for a nationality law to counter the Dutch attempt to

39

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naturalize all Overseas Chinese in Indonesia. The first nationality

law was passed in 1909 after 70 years of intercourse with the outside

world and it was enacted only after at least four decades of pressure.

It was long overdue: this delay had damaged the Ching regime. The

passive attitude towards emigration of her nationals, the lack of a

nationality law, and her response to the mistreatment of coolies and

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