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If so, what is their response? For your information, the Legislative Council House Committee decided at its meeting held on 13 November 1992 to set up a sub-committee of the House Committee to study matters relating to this issue. Also, the Legislative Council supported at their sitting on 18 November 1992 the following motion moved by the Honourable J D McGregor : "That this Council urges the Government to examine the problems faced by the ethnic minorities in Hong Kong in terms of their nationality before and after 1997 and to take such steps as may be open to it to ensure that citizens of the ethnic minorities who have lived in Hong Kong as permanent residents for many years do not become stateless in 1997.".
(4) Persons of Chinese Nationality
born outside Hong Kong
Article 24(3) of the Basic Law provides that persons of Chinese nationality born outside Hong Kong of those permanent residents listed in Articles 24 (1) and (2) would enjoy right of abode in Hong Kong. Members were concerned about the number of such persons and the implications of this provision for Hong Kong. Do you have the information for us?
No doubt the recent developments on the question of further constitutional development in Hong Kong are keeping you busy. Nevertheless, I hope you will have time to give us a reply before long.
With best regards,
1000 pencerel
óbie Tu
(Mrs Elsie TU)
Chairman
Legislative Council House Committee
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LETTER FROM OMELCO TO MR.GOODLAD.
1.
WITH REFERENCE TO YOUR DESKBY TELEGRAM NO 1769 OF YESTERDAYS DATE, WE HAD NOT REPLIED EARLIER AS WE NEEDED TO SEE HOW STRONGLY THE LEGCO SUB-COMMITTEE ON NATIONALITY TREATED TWO OF THE SUBJECTS IN ITS OPEN MEETING WITH US THIS WEEK.
2. FIRSTLY WE AGREE WITH YOUR PROPOSED LINES ON HK/CHINA EXTRADITION AND THE BRITISH NATIONALITY SCHEME. WITH APOLOGIES IF YOU HAVE ALREADY THOUGHT OF THIS, BUT IT MAY NOT APPEAR TO THE WRITER OF THE LETTER THAT THERE IS ANY CONNECTION BETWEEN EXTRADITION AND RECIPROCAL ENFORCEMENTS OF JUDGEMENTS AND THE LEGAL AND PROCEDURAL ARRANGEMENTS IN CIVIL AND COMMERCIAL MATTERS. YOU MAY WISH TO EXPLAIN ALONG THE FOLLOWING LINE:
3.
WE (THE HONG KONG GOVERNMENT) HAVE AN AGENDA FOR RESOLVING MANY LEGAL ISSUES WITH THE CHINESE SIDE. WE BELIEVE THERE IS SOME MERIT IN REACHING AGREEMENTS ON LESS CONTENTIOUS ISSUES FIRST AS THESE HELP TO ESTABLISH GROUND RULES AND A BASIS FOR DEALING WITH MORE SENSITIVE MATTERS.
ON THE TOPICALLY TRICKIER ISSUES OF ETHNIC MINORITIES (I.E. COMMONLY, INDIANS AND PAKISTANIS) AND WIVES AND WIDOWS OF SERVICEMEN, THE LEGCO SUB-COMMITTEE, CHAIRED BY EMILY LAU, WAS STRONGER EVEN THAN EXPECTED FROM THE DEBATE REPORTED TO YOU LAST MONTH ON THE FORMER AND THE CONTINUAL PRESSURE WE HAVE BEEN GETTING FROM E.G. JIMMY MCGREGOR ON THE LATTER, OUR PROPOSED LINE TO TAKE ON RIGHT OF ABODE FOR NON-ETHNIC CHINESE IS STILL QUITE ROBUST ON YOUR BEHALF, AS FOLLOWS:
THE CASE OF NON ETHNIC CHINESE HAS ALREADY BEEN FULLY CONSIDERED BOTH IN HONG KONG AND IN LONDON. IT APPEARS TO BE GENERALLY MISUNDERSTOOD EVEN IN HONG KONG AND THEREFORE ELSEWHERE. THEY ARE NOT AND WILL NOT BE STATELESS. NEARLY THERE QUARTERS OF THEM IN ANY CASE HOLD INDIAN AND PAKISTANI PASSPORTS AND ARE GIVEN UNCONDITIONAL STAY IN HONG KONG. AFTER 1997 THEY MAY, AS PROVIDED BY THE BASIC
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LAW, ATTAIN THE ADDITIONAL STATUS OF PERMANENT RESIDENT (WHICH CONFERS WITH IT THE RIGHT OF ABODE) IN HONG KONG. THE MINORITY WITH NO NATIONALITY OTHER THAN THAT OF A BRITISH DEPENDENT TERRITORY CITIZENS, OR BRITISH NATIONALS (OVERSEAS) NOW, WILL RETAIN THEIR BRITISH NATIONALITY AFTER 1997. THEY MAY CHOOSE BETWEEN BECOMING BRITISH NATIONALS (OVERSEAS) OR BRITISH OVERSEAS CITIZENS. THEY HAVE RIGHT OF ABODE IN HONG KONG NOW AND AFTER 1997, WOULD CONTINUE TO HAVE SUCH A RIGHT IF THEY HAVE NO RIGHT OF ABODE ELSEWHERE.
WE WILL REPORT AT MORE LENGTH ON THE SUB-COMMITTEE MEETING AND ITS DEMANDS ON YOU AND OURSELVES BUT WE SHOULD WARN YOU NOW THAT THE ABOVE LINE WILL BE CONTESTED IN WIDER TERMS BY MRS.TU ON BEHALF OF LEGCO MEMBERS WHO CLEARLY FEEL THAT SOMETHING MORE SHOULD BE DONE FOR THOSE UNLIKELY TO BE ACCEPTED AS CHINESE OR EQUAL CITIZENS IN HONG KONG AFTER 1997 AND WHO HAVE NO OTHER RIGHT OF ABODE, AND WHO MAY NUMBER, SAY TWO OR THREE THOUSAND HOUSEHOLDS ONLY.
5. THE WIVES AND WIDOWS ARE TINY PROBLEM EVEN COMPARED TO THESE NUMBERS, WITH PERHAPS ONLY TWO OR THREE DOZEN BY 1997. SINCE THEY ARE ALSO A MUCH MORE SELF-CONTAINED AND FINITE PROBLEM ALSO WHICH ATTRACTS MORE INDIVIDUAL SYMPATHY, THE CHIEF SECRETARY SPOKE TO MR.MCGREGOR BEFORE THE MEETING AND ALLOWED HIM TO SAY IN PUBLIC THAT WE ARE LOOKING AT THE POSITION AGAIN. SECURITY BRANCH IS INDEED UNDER INSTRUCTION FROM ME TO SEE IF WE COULD BETWEEN US FIND SOME WAY TO SATISFY HONOUR AS LEGCO STRONGLY REQUESTS. PRELIMINARY THINKING IS THAT WE SHOULD LOOK AT EACH INDIVIDUAL CASE TO SEE IF IT CAN BE FITTED WITHIN EITHER SECTION 4(5), SECTION 6(2), OR SECTION (8) OF THE BRITISH NATIONALITY ACT 1981. WE DO NOT HOWEVER THINK THAT MANY IF ANY CASES WILL FIT, FOR EXAMPLE SECTION 4(5)'S REQUIREMENTS FOR OWN SERVICE OR SECTION 6(2)'S REQUIREMENTS FOR THE HUSBAND TO BE UK RECRUITED, AND WE WOULD BE GRATEFUL FOR ANY FURTHER ADVICE YOU COULD GIVE. MEANWHILE MR.GOODLAD'S LINE MAY HAVE TO BE THE SAME AS BEFORE I.E. CITING THE HOME SECRETARY'S ASSURANCE OF 19 APRIL 1990 AND MR.LLOYD'S FURTHER ASSURANCE OF 10 JUNE 1991 PASSED ON BY A LEGCO COMMITTEE CONVENOR, ROSANNA TAM AS WAS, ON 30 JULY 1991 TO EACH INDIVIDUAL.
6. WE ARE NOT SURE WHAT THE QUESTION ASKED BY MRS.TU ON PERSONS OF CHINESE NATIONALITY BORN OUTSIDE HONG KONG IS GETTING AT. OUR RECENT AGREEMENT WITH THE CHINESE SIDE INTERPRETS ARTICLE 24(2)
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