TNAG-2158-FCO40-3078-Hong-Kong-nationality-package-Chinese-views-1990 — Page 82

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

NATIONALITY AND CONSULAR PROTECTION

Defensive Line

Legal Advisers' view

63

fa Pm1613 pa

1. The accepted doctrine, even as regards dual citizens is that a state does not seek to exercise consular protection or consular access in respect of a dual citizen in the state of the others

nationality.

2. The concept that one state does not seek to exercise consular protection in the territory of another state which claims the individual concerned as a national must also apply in the case where an individual claims the nationality of two states, but one of them does not recognise dual nationality.

3 A complex question, which very much depends on the Chinese attitude to and acceptance of the scheme. However holders of British Citizens passports will be free to leave Hong Kong after 1997 without special authority. As the passport is a legal travel document it is covered under the Joint Declaration.

TOYACZ

HKC 340

RECEN

26 MAR 1990

RY

REGISTRY

Aduron Taken

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