TNAG-2201-FCO40-3156-Hong-Kong-nationality-1990 — Page 18

CODE 18-77

Mrs Gwynn AMD

Reference

THIRD 340/11

RECEIVED IN REGISTRY

08 AUG 1990

DESK OFFICER INDEX

PA

REGISTRY

CAEAMA

38

Action Taken

REVIEW MERCHANT NAVY SENIOR OFFICER NATIONALITY REQUIREMENTS

1.

Your minute of 23 July to Mr Morris, HKD, asked for advice by 25 June. The following is subject to any views Mr Fifoot, Legal Advisers, may have (he will not be in the office until 26 July).

Under Chinese Nationality Law, all ethnic Chinese in Hong Kong are regarded as Chinese nationals. This will not change

2.

after 1997.

3.

British Dependent Territories Citizenship (BDTC) will cease to apply to Hong Kong on 1 July 1997. If they do not take another form of British nationality, BDTCs will then simply revert to Chinese nationality. But the Hong Kong (British Nationality) Order 1986 provides for those Hong Kong BDTCs who so wish to apply for British Nationality (Overseas) status.

4. There is also provision for any non-ethnic Chinese Hong Konger (ie members of the ethnic minorities) to obtain British Overseas Citizenship (BOC) automatically if the loss of their BDTC status would otherwise cause them to be stateless.

5.

Before 30 June 1997, then, all BDTCS will have the option of becoming a BNO, if they so wish, or (on 1 July 1997) a BOC if appropriate. Those people who opt for BNO status, and those who become BOCs automatically will therefore retain their British Nationality. All others will become Chinese nationals.

24 July 1990

cc: Mr Hughes, AMD

Mr Fifoot, Legal Advisers

Micda Hancock Harloch

N Hancock (Ms)

Hong Kong Department WH304

270 2657