TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 44

Chinese Attitude to the 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, 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()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.

3. The Basic Law further provides that the following posts respectively should be restricted to Chinese citizens: the Chief Executive, 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. It also limites to 20% the proportion of the

legislative which may hold foreign nationality. We have pointed out

to the Chinese that nationality restrictions on key posts may

severely limit the numbers of suitable candidates. However, we have generally accepted that the Chinese would wish to limit certain posts to Chinese nationals and that we cannot claim that this is in

FABAJR (3)