TNAG-2933-FCO40-4208-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 74

Reply Letter Published in the

Hong Kong Economic Journal of 18.4.93

Clarification of the BOC_Status

Dear Editor,

In the article "You Can Become A British Overseas Citizen" under the column "Monday Review" appearing in your newspaper on April 12, there are several points on the relationship between Hong Kong residents and British Overseas Citizen (BOC) status and the rights enjoyed by BOCS which are not entirely correct. It is hoped that corrections can be made in this respect to avoid misunderstanding among your readers.

Eligibility for BOC Passports

Section 6(1) of the Hong Kong (British Nationality) Order 1986 provides that, "where a person ceases on 1 July 1997 by virtue of Article 3 to be a British Dependent Territories citizen and would, but for this paragraph, thereby be rendered stateless, he shall become on that date a British Overseas citizen. This provision serves to protect people who will become stateless upon the transfer of sovereignty over Hong Kong in 1997. The columnist of Monday Review points out that "British Dependent Territories Citizens (BDTCS) of Hong Kong who are not issued with British National (Overseas) [BN(O)] passports can acquire BOC status and passports after 30 June, 1997 if they can prove that they have no other nationality other than BDTC." He further suggests making a statutory declaration at a district office to prove that one has no other nationality.

I would like to point out that most Hong Kong residents with BDTC status will not become stateless upon the transfer of sovereignty in 1997. All people of Chinese nationality will not be regarded as stateless and it is already stated in the second paragraph of the Chinese Memorandum annexed to the Sino-British Joint Declaration that "Under the Nationality Law of the People's Republic of China, all Hong Kong Chinese compatriots, whether they are holders of the "British Dependent Territories Citizens' Passport" or not, are Chinese nationals." Chinese nationals are people of Chinese nationality. Therefore, ethnic Chinese who are BDTCS will have Chinese in nationality upon losing their BDTC status on 1 July 1997. As a result, Section 6(1) of the Hong Kong (British Nationality) Order 1986 will not apply to them. Therefore, most of the BDTCS of Hong Kong are not eligible for the BOC status and passports.

However, a minority of people may be granted BOC status and passports upon the transfer of sovereignty over Hong Kong in 1997. These are the Indians, Pakistanis and other non-ethnic Chinese in Hong Kong who are neither nationals of any country excepting their BDTC status nor