TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 175

mononekana tau de la Saba Sebiko udazkenekoloquioIN KNA, AA, MadisonbunnPARSINON TAN YAZAPADALADADAPAT ATA, STAPAPRSKARANDRINGMANet

CONFIDENTIAL

2

2.

(b) Section IV of the Joint Declaration states that

"the Hong Kong Speical Administrative Region may employ British and other foreign nationals previously serving in the public service in Hong Kong, and may recruit British and other foreign nationals holding permanent identity cards of the Hong Kong Special Administrative Region to serve as public servants at all levels, except as heads of major government departments (corresponding to branches or departments at Secretary level) including the police department, and as deputy heads of some of those departments." Members would like to know what branches and departments" are referred to in the above quotation.

(C) According to press reports, the Basic Law (Draft)

and the latest proposals by the Drafting Committee's Political Structure Sub-Group have prohibited more than these posts to foreign nationals. It is also proposed that the reserved posts should be occupied by Hong Kong Speical Administrative Region permanent residents who are Chinese citizens with no "right of abode in any other place.

Is the Administration aware of how the expression "right of abode will be interpreted in this context? Does this expression, for example, include approved application for permanent residence in a foreign country which have not yet been exercised; such permanent residence which is being exercised but has not yet matured into citizenship; non-Chinese nationalities which can be renounced but which can also be re-acquired as of right thereafter, etc.?

Does the Administration or HMG consider the provision added recently to the Basic Law (Draft) as going beyond the Joint Declaration, in letter or in spirit?

In view of the intense public interest in the issues above, Members would like the Administration to respond to their enquiries above as soon as possible, with a view to clearing up the confusion the latest developments have created.

Ikitang-

(Gordon LEUNG)

for Secretary General

OMELCO

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