CONFIDENTIAL
1340/1
HKC340
RECEIVED IN REGISTRY
12 FED 1990
DESK OFFICER
EGISTRY
SECRETARY OF STATE'S OFFICE MEETING900: PA9 JANUARY
Hong Kong: Chinese statements on nationality package"
Background
1. 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. However the Chinese have always treated overseas Chinese living abroad with foreign passports as foreign nationals.
2. The Joint Declaration places the following restrictions on holding office in the SAR:
(a) JD 74 states that British and other foreign nationals may be public servants except for heads of major government departments and deputy heads of some (unspecified).
(b) JD 46 states that Government and Legislature should be composed of local inhabitants.
(c) JD 64 provides that judges may be recruited from other Common Law jurisdictions.
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3. The February 1989 draft of the Basic Law further provides in Articles 44, 55, 61, 70 and 89 that the following posts respectively
the Chief Executive, should be restricted to Chinese citizens:
members of the Executive Council, principal officials of the Hong Kong SAR, the President of the Legislative Council and the Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court. We have pointed out to the Chinese that nationality
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