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4.22. There are about 30 widows of ex-servicemen who fought in the defence of Hong Kong. As we mentioned above they have no automatic right of entry as spouses have. Mr John Swaine, speaking on behalf of OMELCO, told us in Hong Kong that he had "perhaps naively assumed that they would be looked after”.' They have not been so far. We believe that this is an example of absurd inflexibility, and we recommend that these few war widows are given immediate assurances that they will be welcome to come to the United Kingdom to settle at any time when they wish to do so.
4.23. The non-Chinese ethnic minorities in Hong Kong are also inadequately provided for by the Joint Declaration. They are not eligible for Chinese nationality. The BN(O)2 passport is not transmissible to futufe generations, although their descendants for two generations will be eligible for British Overseas Citizen (BOC) status. The then Minister of State at the Home Office (Mr Waddington) said in the House of Commons on 16 January 1986:
“in the unlikely event of any British nationals being forced to leave Hong Kong and having nowhere to go, we have made it clear that we would expect the government of the day to consider sympathetically whether to admit such people on a case-by-case basis in the light of particular circumstances.”3
No We do not believe that this is sufficient assurance. But it is not only statelessness that these minorities risk. It has been pointed out to us that identity cards already being issued by the Hong Kong Government have three small stars to indicate Chinese origin. The writer comments "I and my family are of European origin and are now coded separately from the bulk of residents of Hong Kong. I am not entitled to... the full benefits of Hong Kong or Chinese nationality". Furthermore, the draft Basic Law specifically prohibits non-Chinese from becoming Chief Executive, or from filling senior civil service and police posts. We believe that the British Government has an obligation to provide proper citizenship (ie British citizenship) to this group of people which it has co-operated in consigning otherwise to a second class citizenship. The numbers are relatively small-the total number of ethnic minority BDTCs in 1985 was 11,985—and few are likely to wish to emigrate to the UK.
4.24. Another area in which relatively small changes could have a considerable impact in Hong Kong is that of the treatment of periods of study in the UK for residency requirements. At present study in the UK does not count towards the residency requirements. Both Mr John Swaine and Sir David Ford argued that periods of study should so contribute. As Mr Swaine said: “What a great investment we say for Britain if our Hong Kong students could choose to study in the United Kingdom which in the belief of many parents provides the best standard of education in the world! They will provide the links between Britain and Hong Kong in the years ahead." There has been over recent years a gradual decline in the number of Hong Kong students in the UK, as Sir David Ford told us. We believe that in the special circumstances of Hong Kong we should accept the arguments of OMELCO and the Chief Secretary. By studying in the UK Hong Kong students acquire “established links with the United Kingdom” which in the particular context of Britain relinquishing sovereignty of Hong Kong in 1997, justifies us in allowing them to count such periods towards the residency requirement. We do not believe that this should apply to secondary-level students but only to students studying at tertiary-level institutions or above for recognised qualifications. Therefore we believe that the immigration rules should be changed so that periods of study by Hong Kong British students studying for recognised qualifications at tertiary-level or above in the UK could count towards residency.
Relations with the PRC
4.25 In a statement to the House of Commons on 6 June 1989 Sir Geoffrey Howe condemned the slaughter of innocent people in Tiananmen Square and stated "In present circumstances ... there can be no question of continuing normal business with the Chinese authorities." It might be argued that we should have no relations with a régime capable of the atrocities perpetrated by the Chinese Government. However, in common with other countries, Britain should endeavour to maintain relations with the People's Republic. It is important to the world
'Q 231.
* See footnote 4, p xviii.
› Official Report, 16 Jan 1986, Col. 1303.
* Appendix 19.
* Q 225 p 84.
↑ Ibid.
* Q 571. There are currently about 12,000 Hong Kong students in the UK.
• Official Report 6 June 1989, col 30.
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