TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 19

HONG KONG LEGISLATIVE COUNCIL

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10 November 1993 香港立法局 -一九九三年十一月十日

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Unfortunately, though, promises are not forthcoming. Indeed, we have seen mostly backtracking by the British Government on nationality issues, evidenced by their refusal to admit BN(O) passport holders of Chinese origin a refuge should they come under pressure to leave the SAR.

Then again, perhaps we might dismiss the possibility of Hong Kong people losing their Chinese national status and their right of abode in the SAR. Before we make such a bold assumption, we should take a look at Chinese nationality laws. The Chinese Memorandum to the Joint Declaration stipulates 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." So, Hong Kong people of Chinese ancestry remain Chinese nationals, no matter what other nationality they may adopt.

Chinese "compatriots" holding BN(O) passports or BOC passports are effectively dual nationals, even if they do not obtain any kind of Chinese or SAR travel document. Yet China, as we know, does not recognize dual nationality. Under current Chinese law, one must both settle abroad and freely choose a foreign nationality in order to automatically lose one's Chinese nationality. In consequence, Hong Kong holders of BN(O) passports and BOC passports who stay in Hong Kong will remain Chinese nationals.

Then again, Chinese nationality may turn out to be somewhat more selective. Indeed, several legal commentators have noted that the vague definition of a Chinese national as a "compatriot" might give Chinese authorities power to exclude dissidents. Article 23 of the Basic Law would conceivably grant the SAR Government broad powers with regard to punishing subversion, possibly including the denial of the right of abode in Hong Kong.

If the SAR Government is given powers to strip people of their nationality and right of abode, while Chinese nationality laws refuse to recognize their second nationality, we must wonder what, then, will become of the BN(O) passport holder.

China must take account of the fact that Hong Kong people are hanging on her every word in deciding whether their future lies here in the territory or in a new homeland. Every provision or statement on nationality, right of abode, or right of participation in the SAR Government serves either to give hope or to cast doubt on the desirability