TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 29

BACKGROUND

References: A.

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B.

C.

D.

E.

Peking telno 328: MFA Statement

FCO telno 557

Peking telno 401

Selection of telegrams on International Support

Hong Kong telnos 1040 and 1044

Nationality

1.

Despite some inevitable disappointment over numbers, the initial

reaction in Hong Kong to the announcement of the package was a

cautious welcome. However, the Chinese Government have made a

number of unhelpful statements denouncing the scheme as a violation

of the Joint Declaration and a device to maintian British influence

after 1997. They have also tried to undermine the scheme by

indicating that recipients of British passports would not be

eligible for British consular protection in Hong Kong after 1997 and

by extending the nationality qualifications for posts in the SAR

Government laid down in the Basic Law. The latest statement by

Li Hou allegedly states that beneficiaries under the package would

not be permitted to use BC passports to leave or enter Hong Kong

after 1997. This would clearly contravene the undertaking in

paragraph 234 of the (Chinese Memorandum in) Joint Declaration.

Chinese Attitude

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, is ethnically based and has specific

provisions on renunciation. 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 (O)s. However the Chinese have always treated overseas

CONFIDENTIAL