TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 147

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 432

OF 051145Z FEBRUARY 90

CONFIDENTIAL

HKC340/1 RECEIVED IN/REGISTRY

* 1990

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

مجھے

38

104356

MDHIAN 5245

>

YOUR TELNO 223: OMELCO ENQUIRY ON NATIONALITY

A REVISED DRAFT REPLY TO OMELCO IS AS FOLLOWS:

(A) APPLICATION OF CHINESE NATIONALITY LAW

THE DRAFT BASIC LAW PROVIDES FOR THE APPLICATION OF THE CHINESE NATIONALITY LAW TO THE HONG KONG SAR AFTER 1997, BUT IT IS NOT YET CLEAR HOW IT WILL BE APPLIED IN RESPECT OF HONG KONG CHINESE RESIDENTS WHO HAVE ACQUIRED A FOREIGN PASSPORT BUT REMAIN RESIDENT IN THE TERRITORY. IT SHOULD BE NOTED, HOWEVER, THAT THE CHINESE GOVERNMENT HAS NOT HITHERTO QUESTIONED THE RIGHT OF ETHNIC CHINESE WITH FULL BRITISH CITIZENSHIP TO TRAVEL ON BRITISH PASSPORTS IN CHINA AND, BY IMPLICATION, THEIR RIGHT TO CONSULAR PROTECTION IN THE PRC.

(B) SECTION IV OF THE JOINT DECLARATION

SECTION IV OF ANNEX I OF THE JOINT DECLARATION (JD 74) INDICATES, IN GENERAL TERMS, THE LEVEL OF POSTS WHICH WILL BE BARRED TO FOREIGN NATIONALS IN THE FUTURE SAR GOVERNMENT. ITS TERMS HAVE SINCE BEEN ELABORATED IN ARTICLE 100 OF THE DRAFT BASIC LAW. WHILE THE SCOPE OF ARTICLE 100 HAS BEEN SLIGHTLY EXPANDED, AS A RESULT OF THE RECENT MEETING OF THE BLDC'S SUB-GROUP ON POLITICAL STRUCTURE, THE PRINCIPLE THAT FOREIGN NATIONALS WILL BE ABLE TO HOLD ALL BUT

THE MOST SENIOR POSTS IN THE SAR GOVERNMENT HAS BEEN MAINTAINED.

(C) RIGHT OF ABODE

WE ARE NOT IN A POSITION TO ADVISE ON WHAT PRECISELY MEMBERS OF THE POLITICAL SUB-GROUP HAD IN MIND IN PROPOSING A ''RIGHT OF ABODE'' RESTRICTION FOR TOP POSTS. WHILST THE CONCEPT OF RIGHT OF ABODE IS FAMILIAR TO US, IT IS NOT A TERM WHICH IS WIDELY USED EXCEPT BY THE UK AND ITS DEPENDENT TERRITORIES. IF SUCH A RESTRICTION IS INCLUDED IN THE BASIC LAW, IT WOULD BE NECESSARY FOR THE FUTURE SAR AUTHORITIES TO MAKE CLEAR THE DEFINITION OF ''RIGHT OF ABODE' IN THIS CONTEXT. GIVEN THAT THE ACQUISITION OF A ''RIGHT OF ABODE

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