22-JAN-1991 14:53
DIRECTOR OF ADM.
852 877 0802
P.41
318
NYL. SCH. J. INT. & Comp. L.
to the Hong Kong Chinese in the post-1997 context.
[Vol. 5
Although Hong Kong has been under foreign administration for several generations, most people there still regard themselves as Chi- nese by heritage and, as such, take pride in observing the development of a prosperous and strong China. Furthermore, most of them still have relatives in the mainland and are in favor of China's recent moderniza- tion efforts. The 1949 closing of the border between the colony and China, however, separated the inhabitants physically and, to a certain extent, emotionally. For example, the vastly different political and eco- nomic systems flourishing on each side of the "closed doors" have led to varying perspectives of the "Hong Kong Man" (Gangren) and his counterpart on the other side of the border. Since the Chinese of Hong Kong have developed a cultural and political outlook vividly distinct from those living in the PRC, they may have little empathy with the socialist ideology of China."*"
Considering these historical reasons, had Britain and the PRC opted for a quick solution to the colonial inhabitants' nationality prob- lem by arbitrarily assigning a nationality to them, or even by affording them an option exercisable within a limited period of time, the fear of uncertainty and confusion might have prevented BDTC holders from overwhelmingly opting for Chinese nationality alone. Such an outcome would have proved not only an acute embarrassment to the PRC but also would have resulted in a mass and chaotic exodus of capital and human talent from Hong Kong.
Furthermore, the right of a foreign national to reside in Hong Kong will be subject to the goodwill of the succeeding PRC administra- tion. For the Government to have allowed more than three million dual nationals to opt out of Chinese nationality and permitted them to re- side indefinitely within its territories would have been an untenable position. China would consequently have been faced with millions of resident aliens converged in a small and confined area. Strategically located at her doorstep, this massive concentration of foreigners could have been a destabilizing factor and a threat to her national security.
From the standpoint of the BDTC holder, free choice would have held little advantage. Chinese nationality as an exclusive choice is un- certain, and the utility of BDTC, or its equivalent after 1997, is unde- niably limited. In the three areas that give nationality meaning and utility-the right to live in one's own country, to have a passport rec- ognized by third countries for travel purposes and to be provided with international protection-the BDTC status would have had little sub-
137. Cheng, The Future of Hong Kong: A Hong Kong Belonger's View, 1982 Int'L Arr. 476, 482.
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