TNAG-1991-FCO40-2831-Future-of-Hong-Kong-British-Nationality-(Hong-Kong)-Selectio-1990 — Page 66

WAS MATTER FOR THE BRITISH GOVERNMENT.

G) (ON CHINESE NATIONALITY LAW) ALTHOUGH THE CHINESE SIDE'S POSITION HAS BEEN THAT HONG KONG IS CHINESE TERRITORY AND CHINESE NATIONALITY LAW HAS ALWAYS APPLIED TO ITS INHABITANTS, IN PRACTICE FACT THAT HONG KONG HAS BEEN UNDER BRITISH RULE PRESENTS SOME UNAVOIDABLE ANOMALIES. BDTC PASSPORT ISSUED TO RESIDENTS OF HONG CLEARLY RELATED TO OUR VIEW OF HONG KONG AS A BRITISH DEPENDENCY, AND WE HAVE ACCEPTED, IN THE 1984 ARRANGEMENTS THAT CHINESE, WHO TAKE A DIFFERENT VIEW, DO NOT RECOGNISE IT AS A NATIONALITY DOCUMENT. BUT FULL BRITISH CITIZENSHIP IS DIFFERENT. CHINESE SIDE HAVE ALWAYS MAINTAINED THAT THEY RECOGNISE PERSONS OF CHINESE RACE WITH FULL BRITISH PASSPORTS AS BRITISH AND THEIR PRACTICE HAS BEEN CONSISTENT WITH THIS POSITION. THEY HAVE NOT IN PRACTICE ASKED QUESTIONS ABOUT HOW THAT NATIONALITY HAS BEEN ACQUIRED. OF COURSE, MANY CHINESE NOW RESIDENT IN HONG KONG HAVE IN THE PAST ACQUIRED BRITISH AND FOREIGN NATIONALITIES DURING PERIODS WHEN THEY HAVE SETTLED OVERSEAS BEFORE THEY RETURNED TO HONG KONG. SUCH PERSONS COME AND GO REGULARLY TO AND FROM HONG KONG.

GRANT OF CITIZENSHIP UNDER THIS PACKAGE DOES NOT OFFEND CHINESE SOVEREIGNTY. IT IS NOT DIRECTLY RELATED TO THE CONCEPT OF HONG KONG BEING BRITISH TERRITORY AND NONE WILL BE ENTITLED TO IT JUST BECAUSE OF A CONNECTION WITH HONG KONG.

I) IF CHINESE SIDE NOW CHANGE THEIR POSITION AND TREAT ALL PERSONS IN HONG KONG OF CHINESE RACE AS CHINESE CITIZENS IRRESPECTIVE OF WHAT PASSPORT THEY HOLD, IT WILL CREATE SERIOUS COMPLICATIONS. IT IS LIKELY TO ENCOURAGE THOSE WHO BENEFIT FROM THE PACKAGE TO LEAVE, AND IT WILL ALSO DISCOURAGE OTHER CHINESE WHO HAVE ACQUIRED FOREIGN NATIONALITIES ABROAD FROM RETURNING. BESIDES, IT WOULD NOT/NOT BE POSSIBLE IN PRACTICE FOR THE CHINESE TO DISTINGUISH PERSONS OF CHINESE RACE WHO HAVE ACQUIRED BRITISH OR OTHER NATIONALITY WITHOUT LEAVING HONG KONG FROM THOSE WHO HAVE ACQUIRED IT IN BRITAIN OR IN OTHER WAYS. A PRAGMATIC SOLUTION NEEDS TO BE FOUND AS A ONE-OFF MEASURE TO COPE WITH THE ANOMALOUS NATIONALITY POSITION WHEN HONG KONG REVERTS TO CHINA (TO GIVE ONE EXAMPLE OF ANOMALITY, IT HAS IN PRACTICE NOT BEEN POSSIBLE BEFORE 1997 FOR PERSONS IN HONG KONG TO EXERCISE THEIR RIGHT OF RENUNCIATION OF CHINESE NATIONALITY UNDER THE CHINESE NATIONALITY LAW.) SUCH A PRAGMATIC SOLUTION CAN, WE BELIEVE, BE RECONCILED WITH THE CHINESE NATIONALITY LAW.

WILSON

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