TNAG-2371-FCO40-3446-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 57

22-JAN-1991 14:51

DIRECTOR OF ADM.

852 877 0802

P.38

1984)

NATIONALITY LAW OF THE PRC

315

with BDTC status continue to have British nationality, the 1981 BNA denies them the right of abode in the United Kingdom (a measure re- affirming Britain's Commonwealth Immigrants Act of 1962), 11 Thus, the residence status of these people in Hong Kong hinges solely on the immigration law of the colony.13

After the cessation of Hong Kong's status as a British Dependent Territory in 1997, the BNA envisions that the first generation born in Hong Kong would receive the cumbersome title of "British Dependent Territory Citizen by descent." This first generation, however, could not pass on their British status by virtue of blood ties alone. Thus, BDTC status would be conferred only on the first generation born af- ter the reversion of Hong Kong to Chinese authority, and thereafter the link to Britain through BDTC would be broken.

B. The PRC Laws

It will be useful here to juxtapose China's historical position on the nationality of Chinese in Hong Kong with the discussion above. The cessions of Hong Kong and Kowloon and the lease of the New Territories to Britain was completed in 1898,*** before the adoption of the first Chinese nationality law in 1909. Despite the absence of laws on nationality until this time, China had traditionally considered all persons of pure Chinese race as Chinese nationals, regardless of place of birth. This unwritten policy of nationality based on jus sanguinis was subsequently codified in the three nationality statutes preceding the PRC regime.18

The Government of the PRC has always treated the ethnic Chi- nese residing in Hong Kong, whether locally born or otherwise, as "compatriots." Application of articles 4 and 5 of the 1980 National- ity Law to Hong Kong as a Chinese territory suggests that these per- sons would become Chinese nationals. Those born before the promul- gation of the law-either under pre-statute policy on nationality (ie., up until 1909), the three pre-PRC statutes, or the PRC policy until

ent under the above provision. There is no restriction on dual nationality or citizenship under the new law.

1. STANBROOK, supra note 10. at 53.

121. See White, British Nationality Law-Proposed Changes, 30 INT'L & Cour. L.Q. 247, 251 (1981). See also White. supra note 116, at 268-69.

122. See Laws of Hong Kong, ÎMMIGRATION Ordinances ch. 115, pt. III. § 8 (1982). 123. British Nationality Act. § 16.

124. Note, supra note 112, at 112-13.

125. See supra note 4.

126. See supra notes 4-6.

127. See 1980 Nationality Law, arts, 4-5.