1984)
NATIONALITY LAW OF THE PRC
319
stance and practical meaning. Although mandatory choice between na- tionalities has been rejected by Britain and China as a solution, since the PRC has decided to tolerate the existence of BDTC among its na- tionals in Hong Kong for a generation after 1997, it may be useful to explore the essence of this status and its practical utility.
Perhaps the most important right that a citizen holds is the right of residence in the state of his nationality."" BDTC holders neither have the right of abode in the United Kingdom, nor do they enjoy any special advantage in seeking residence elsewhere. In fact, the immi- grant selection criteria in most states are based on the merit of the individual applicant rather than on nationality. A possible exception may occur when a country applies a quota system in which the selec- tion criteria are partly based on the applicant's national origin. In this situation, BDTC status may work to the detriment or to the favor of an individual, depending on the policy of the state. Further, the right of residence in post-1997 Hong Kong guaranteed under the Joint Dec- laration is not derived from an individual's BDTC status but from his status as an ordinary resident of the SAR.189
With respect to the meaning of nationality for travel purposes, a passport represents the issuing state's willingness to receive the holder. Thus, if a person's presence in a foreign country becomes undesirable, he can be repatriated or compelled to leave. Canada's Department of External Affairs, for example, defines "passport" to include an implicit guarantee to this effect." The post-1997 BDTC passport (or its equivalent) is actually of little meaning as a travel document per se. In fact, its utility for travel hinges solely on China's assurance in the Joint Declaration and the forthcoming basic law regarding the rights of holders to exit, entry and residence in the Hong Kong SAR,
141
138. See, e.g.. article 12(4) of the International Covenant on Civil and Political Rights, supra note 29 (Britain is a signatory), which provides: "No one shall be arbitrar- ily deprived of the right to enter his own country.” See also article 13 of the Universal Declaration of Human Rights, Dec. 10, 1948. G.A. Rea. 217, U.N. Doc. A/810 at 71 (1948), which states "1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, includ- ing his own, and to return to his country.”
139. See Joint Declaration, infra app. I, annex I, art. XIV.
140. Canada's Department of External Affairs asserts that a passport is a “document of identity issued by a state, ordinarily to its own nationals, which requests foreign gov- ernments to grant the bearer safe and free passage and all lawful aid and protection while within their jurisdiction, and implicitly guarantees that they will be readmitted to the issuing country." See Can. Dep't External Aff., Can. Passports, EXTERNAL APP. No. 5, at 75 (1953).
141. See Joint Declaration, infra app. I, annex 1, art. XIV, and the Chinese Memo- randum thereto, see supra note 107.
RECEIVED FROM 852 877 0802
01.22.1991 06:56
P.42
No comments yet.
Private notes are available after approval.