TNAG-2371-FCO40-3446-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 116

Mr momis.

Draft.

Ms

fajor,

HKD

HKD 340/4

RECEIVED.

OY

18 JAN 1991

DESK OFFICE:

INDEX From:

PA

Paul Fifoot Legal Advisers

10 January 1991

See reply

+ p.a.

Date:

MR KAVANAGH'S LETTER ABOUT RIGHT OF ABODE

I think it may be helpful if we spell out the position to Mr Kavanagh in some detail as follows:

A.

Under Chinese nationality law:-

(i)

(ii)

any person born in China (which after 1997 will include Hong Kong) whose parents are, or one of whose parents is, Chinese is a Chinese national;

persons born outside China (including Hong Kong) whose parents are, or one of whose parents is, a Chinese national are Chinese unless the parents or parent was settled abroad and the individual concerned has acquired a foreign nationality at birth.

Under the Basic Law, Chinese citizens (which presumably has the same meaning as Chinese nationals in the Nationality Law)

(i)

who were born in Hong Kong before or after the establishment of the SAR; or

(ii) who have ordinarily resided in Hong Kong for seven continuous years before or after the establishment of the SAR; or

(iii) who were born outside Hong Kong whose parents or one of whose parents) falls into either category

(i) or (ii), have the right of abode in Hong Kong.

It would seem to follow from the above that the likelihood is that, of persons of Chinese race in or having a connection with Hong Kong, all but the most recent immigrants to Hong Kong from China (who are thus not likely to be BDTCS) will be Chinese citizens with the right of abode in the SAR. But if Hong Kong is successful in cutting category (iii) down to persons

7PFAAM

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