TNAG-2159-FCO40-3079-Hong-Kong-nationality-package-Chinese-views-1990 — Page 117

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

Immigration and Nationality Department

unar House 40 Wellesley Road

bydon CR9 2BY Telephone 01-760 2893

(GTN 3882)

CONFIDENTIAL

A Paul Esq

Hong Kong Department

Foreign & Commonwealth Office

King Charles Street

LONDON SW1A 2AH

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Your reference

Our reference

Date

8 March 1990

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Dear Alan,

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My attention was drawn by recent newspaper reports (eg 2 March) to the continuing uncertainty about the Chinese position on the recognition of British citizenship granted under the proposed legislation. The latest situation report on this we have seen was Hong Kong's reporting telegram on 19 January (Tel no. 256).

We need to establish a clear line on this in time for the introduction of the Bill and my purpose in writing is to ask you for background briefing on defensive points for use in debate. I am writing to you specifically on this one issue because it is an area in which Ministers are likely to be pressed particularly hard. (Godfrey Stadlen has commissioned contributions to briefing on a number of points in his note of 27 February to John Morris and colleagues here). There is also some doubt in our minds about what, in practical, terms, it would mean if the Chinese refused to accord full recognition to British citizens in Hong Kong.

It is our understanding that the Chinese nationality law states that Chinese citizens domiciled in China (this would presumably include all or part of Hong Kong) who acquire a foreign nationality by birth or by naturalisation, remain Chinese citizens. Since the Chinese do not recognise dual nationality they would, in effect, simply disregard the second nationality. If such people wish to renounce Chinese citizenship they can only do so by application. We understand that overseas Chinese automatically lose Chinese nationality if they have acquired the nationality of the country where they reside, but we assume this does not apply to Chinese nationals in Hong Kong.

As Hong Kong point out in their letter Chinese Nationality Law

CONFIDENTIAL

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