CONF IDENT IAL
BRIEF FOR PRIME MINISTER'S QUESTIONS
HONG KONG: CHINESE STATEMENTS ON NATIONALITY PACKAGE
Background
1. Press reports of the recent BLDC subgroup meeting in Canton
stated that:
(a)
Those who had settled in Hong Kong and obtained British
citizenship under the scheme would still be regarded as Chinese
nationals.
(b) Those covered by the scheme would be welcome to stay in Hong Kong but would not be entitled to British Consular protection.
(c) There would be some restriction in political participation
by those covered by the scheme ie they could not hold certain top
posts. In addition only 15% of the SAR legislature could be
foreign nationals.
2. The Nationality issue in Hong Kong has always been a sensitive
one for the Chinese largely because Chinese nationality law does not
recognise dual nationality and is ethnically based. That is why
this subject was dealt with in the Joint Declaration through an exchange of memoranda. The Chinese memorandum states that "all Hong Kong Chinese compatriates, whether holders of the BDTC passport or not, are Chinese nationals". In effect, we agreed to differ over the nationality status of BDTCs and BN (0)s. The Chinese have always treated overseas Chinese living abroad with foreign passports as
foreign nationals.
3. Our decision to grant full British citizenship to Hong Kong residents without requiring them to live abroad presents problems
for the Chinese. If they insist on continuing to treat
beneficiaries under the scheme as Chinese nationals they would not
be entitled to British Consular protection but should be able to hold any post in the SAR. Conversely, if they decide to treat them as British they can legitimately bar them from certain posts but
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