TNAG-2933-FCO40-4208-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 77

Dear Editor,

Reply Letter Published in

Hong Kong Economic Journal on 2.5.93

I am happy to respond to the questions on the status of British Overseas Citizens (BOCs) further raised by the columnist of the Monday Review on 26 April.

I am glad that after my clarification on 18 April,. the columnist does not dispute the following two points

(1)

There is no difference between the status of BN(O) and that of BOC in both the right to apply for registration as British Citizens and the right of abode in the U.K.; concerned;

(2)

Children of BN(0)s and BOCS will both be granted BOC status if they are born stateless.

This also illustrates that the columnist's argument that the British Government does not want Hong Kong residents to become BOCS and that BOCS enjoy more rights than BN (O)s have no basis at all. In fact, the BN(0) status and the BOC status are equal as far as the rights are concerned. Most Hong Kong BDTCS are not eligible for BOC status because of the specific provisions in the law, not because they have already acquired BN (0) status. Also, the implementation of a phased programme for BDTCS to apply for BN (0) passports has nothing to do with the application for BOC passports.

Regarding the questions raised by the columnist, my replies are as follows

(1)

As China's Nationality Law is a Chinese law, the British side has no comment on its principles and provisions. In dealing with Hong Kong people's nationality matters, the British side will act according to the arrangements on nationality stated in the Memoranda annexed to the Sino-British Joint Declaration.

(2) Section 6(1) of the Hong Kong (British

Nationality) Order 1986 applies to all those people who become stateless upon the termination of their BDTC status on 1 July 1997. During the House of Commons' debate on Hong Kong's future in 1994, Mr Richard Luce, Minister of State of the Foreign and Commonwealth office, gave assurance that some form of British nationality (i.e. BOC) would be granted to those BDTCs and their children born after 30 June 1997 who would not be regarded as Chinese nationals. Obviously, those to be granted the status of BOC will