TNAG-1896-FCO40-2690-Calls-on-Francis-Maude--Minister-of-State-for-Foreign-and-Co-1989 — Page 75

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CALL ON MR MAUDE BY A DELEGATION FROM THE COUNCIL OF HONG KONG

INDIAN ASSOCATIONS, 16 OCTOBER

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Background

1. The main concern of the non-Chinese ethnic minorities in Hong

Kong is that they could become stateless after 1997.

They claim

that they will be in a particularly vulnerable position after 1997

because the Chinese Memorandum associated with the Joint Declaration

states that "Hong Kong Chinese compatriots" will be considered by

the Chinese Government to be Chinese nationals, but makes no

provision for the non-Chinese.

2. The new status of British National (Overseas) which was created

under the British Nationality (Hong Kong) Order 1986 is not

transmissible to the holder's children. In recognition of the

potential vulnerability of the non-Chinese ethnic minorities in Hong

Kong

(a) Provision was made for ethnic minorities who might otherwise be

stateless, to be granted British Overseas Citizenship for two

generations beyond 1997;

(b) Lord Glenarthur gave an assurance in the House of Lords on 16

May 1986 that

"We should consider it an obligation upon any future

government to treat with very considerable and particular

sympathy the case for admission to the United Kingdom of any individual British national who, against all our expectations,

came under pressure to leave Hong Kong."

But despite this assurance the non-Chinese ethnic minorities have

continued to press for British citizenship and right of abode in

this country.

3. The ethnic minorities are also concerned that they may not be eligible for right of abode in the Hong Kong SAR. Article 24(4) of

the draft Basic Law provides that "Persons who are not of Chinese

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