TNAG-2638-FCO40-3830-Future-of-Hong-Kong-nationality-ethnic-minorities-1992 — Page 24

HONG KONG LEGISLATIVE COUNCIL

18 November 1992

110

香港立法局

一九九二年十一月十八日

110

What is called for in the amendment

the right to be admitted to the

United Kingdom does not technically resolve the problem of statelessness. For statelessness means a person without nationality, and the right to enter another country by itself does not grant nationality.

This, however, should not distract us from the crux of the matter. There are two separate issues here, which have so far been blurred. (1) The right of abode in Hong Kong of these ethnic minorities after 1997, and (2) the nationality of these people's later generations. Unless the problems are correctly identified, we may be urging the wrong party for the wrong thing.

Article 24 of the Basic Law prescribes who are the "permanent residents" of Hong Kong after 1997. My reading of this article suggests that the third generation of non-Chinese minorities will lose the status of "permanent resident", thus losing the right of abode in Hong Kong. If these minorities wish to have the right to live in Hong Kong assured for later generations, it is the revision of the Basic Law they ought to look for.

The second part is nationality. Can they in Chinese Law become Chinese citizens, and do they want to be Chinese citizens, even if they can? Here the correct party to seek assurance from would be China.

Those minorities who retain British "nationality" in name, which will later be turned into "British Overseas Citizenship", will not forever be able to pass this flimsy "British citizenship" down the generations. I understand this will itself terminate after the third generation.

Even genuine full British citizenship cannot be passed down after three generations to offsprings from outside the United Kingdom who have not assumed residency in the United Kingdom.

So the question here is how to reconcile right of abode and nationality and reconcile them well before 1997. Even if we are successful in pressing the right of entry to the United Kingdom for these minorities, that would still not resolve the Hong Kong right of abode problem.

Ethnic minorities who treat Hong Kong as their home have contributed greatly to our society, as much as any one else. As such their continual right to reside in Hong Kong should be assured.