TNAG-2185-FCO40-3122-Ethnic-minorities-in-Hong-Kong-1990 — Page 82

BACKGROUND

1.

He

Mr MacLennon (CV attached) served on the Standing Committee on the British Nationality (Hong Kong) Bill. has not tabled any previous questions on Hong Kong (this session or last) but is known to be concerned about the ethnic minorities in Hong Kong. We may assume that this concern lies behind this PQ because it was referred to specifically by a delegation for the Confederation of Indian Organisations, (a UK group coordinating a campaign for the Council of Indian Associations of Hong Kong) which called on Mr Lloyd on 11 June. Mr Lloyd has undertaken to write to them about their concern over recognition of BOC passports by the Chinese authorities, and right of abode in Hong Kong.

2.

Lord Glenarther made a statement to the Lords on 20 January 1986 on the position of members of the ethnic minorities in 1997, their eligibility for BOC status, their right of abode in Hong Kong and the Government's guarantee, should they ever be forced to leave Hong Kong (Hansard columns 72-74). Section XIV of Annex 1 of the JD does not refer BoCs by name but defines persons who have right of abode. Members of the ethnic minorities would qualify for this either as people ordinarily residents "who have resided in Hong Kong for 7 years or more and taken [it] as their place of permanent residence", and offspring of such people, or "persons who had the right of abode only in Hong Kong before the establishment of the HKSAR". BOCs would qualify by definition since BoC status is automatically acquired by former BDTCs on 1 July 1997, and in order to qualify as a BDTC a person must have resided in Hong Kong for at least 7 years.

3. BOCs were discussed with the Chinese at JLG II in the context of discussions on the nationality provisions of the Joint Declaration but it is not our practice to disclose details of JLG discussions. For this reason the answer refers only to agreement with the Chinese under the Joint Declaration.

DAWADT