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nationality. The third state shall recognize exclusively the nationality of either the country in which he is "habitually and principally resi dent" or the country with which "he appears to be in fact most closely connected." Therefore, in third countries the multiple national may have the protection of only one state-the state of dominant and effec- tive nationality,100 Based on this theory, a claim by Britain against a third state on behalf of a Hong Kong BDTC holder after 1997 would be questionable, in light of the BDTC holder's tenuous connection to Britain and obvious and direct link to China.
In conclusion, the status conferred on BDTC holders after 1997 cannot be considered meaningful in terms of nationality. In fact, the rights attached to the BDTC holder after 1997 are fewer and less sub- stantial than those normally associated with nationality. The new sta- tus conferred after 1997 does not fulfill Britain's moral obligations to- wards the residents of Hong Kong, which arise out of its colonial history.
The approach that China has taken towards the sensitive issue of nationality in the Joint Declaration reflects considerable pragmatism and tolerance. Despite the basic principle of nonrecognition of dual na- tionality under the 1980 Nationality Law, the PRC has continued to recognize BDTC, or an equivalent status, along with Chinese national- ity for one generation after 1997. Children born thereafter will acquire only Chinese nationality under the Joint Declaration, and the vexing problem of Hong Kong residents' dual nationality will ultimately re- quire resolution.
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In the interval, if China's attempt to implement its imaginative concept of "one country, two systems" proves unworkable, a mass exodus of political refugees from Hong Kong will likely result. With the onus on Great Britain to provide political shelter to these bona fide refugees, Britain will be fulfilling its moral obligation to these people in a meaningful way while maintaining its international obligations as sig- natory of the 1951 United Nations Convention Relating to the Status of Refugees.**
149. Hague Convention on the Conflict of Nationality Laws, see supra note 27. 150. See C. Joseph, Nationality and Diplomatic ProtectION 9-10 (1969).
151. See Deng Xiaoping's statement on the “one country, two systems” concept in the BELING Rɛv. No. 44. at 16 (1984).
152. July 28, 1951, 19 U.S.T. 6223, T.I.A.S. No. 6577, 189 U.N.T.S. 150. See also Int'l Human Rights Instruments, supra note 27, at 19. Politically, it is highly unlikely that the BNA will be amended to grant Hong Kong BDTC holders the right of residence in Britain. Section 4(5) of the Act, however, enables the Home Secretary to register as a British citizen a person who has served the Crown in a dependency or served on a legis- lative council or similar body. This provision may beneût selected Chinese BDTCs in Hong Kong; it will be, however, of little comfort to the majority of the residents there.
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