TNAG-2371-FCO40-3446-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 21

22-JAN-1991 14:24

DIRECTOR OF ADM.

852 877 0802

P.02

31

(

布政司署

香港下亞畢道

*** OUR Ref :

萊茵番號 YOUR REF;

Mr Jeremy Page

Mr Hague

、

جم .

бор

Immigration and Nationality Department

Home Office

Lunar House

40 Wellesley Road Croydon CR9 2BY

England

Dean делату,

HKD 340/4

RECEIV

NUE

Chines

DEČISTRY 12 FEB 1991

FICER

PA,

I

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

22 January 1991

cc. Mrs Kellar

Miss Jaries.

hope this is of some in test, Central to the queshow seems to be whether it is "Chriese" in the PRC's eyes. Page 313 indicates so the furter sounces on this.

-Nationality Law

Further to our telecon yesterday, as requested, I am faxing a copy of an Article on "Chinese Nationality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macau and South-east Asia" by Mr Tung-Pi Chen, a Canadian academic, which was published in the New York Law School Journal of International and Comparative Law in 1984. This Article is one of the most comprehensive surveys on the development of and the principles governing I have other the 1980 Chinese Nationality Law of the PRC. articles written by Chinese academics which are less comprehensive. I would be happy to send copies to you if you are interested.

While much has been written on the principles and interpretation of the 1980 Chinese Nationality Law, there remains scant knowledge as to how the PRC applies the 1980 Law, whether in processing applications for naturalisation or renunciation or indeed interpreting the definition of "a Chinese National". Nevertheless, as Mr Chen's Article points out, the practice of the Chinese Authorities in requiring Chinese compatriots living in Hong Kong, Macau and Taiwan to carry identity cards while living in China; requiring Hong Kong and Macau compatriots to use Home Visit Permit (huexiangzheng) in travelling to China; and in issuing holders of BC or other foreign passports with visas for the purpose of visiting China, tend to indicate that they regard holders of these passports as foreign nationals.

Qven

Your

ведна

(Mrs Regina Ip)

for Director of Administration

22/1/91

c.c.

Mr Alan Paul, HKD, FCO