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Written Representation of
Indian Resources Group for LegCo Sub-committee on Nationality
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Resources Group ("IRG") are pleased that the Chinese Government have taken an interest in the plight of the ethnic minorities of Hong Kong, who presently hold BDTC or BNO passports, and that the Chinese Government recognizes that these people indeed do have a plight (which the British and Hong Kong Governments have hitherto failed to do).
The Chinese Government have implicitly recognised that those ethnic minorities who hold British National Overseas ("NO") passports or the British Overseas Citizen ("BOC") passports after 1st July, 1997 will be stateless.
The assurances given on 11th January 1993 by Mr. Lu Ping, as reported in the Hong Kong Standard, to a trade delegation from the Indian Chamber of Commerce that the following two options for resident foreigners would be:
"The first option would be to continue as a stateless Hong Kong resident.
The second option, if people were willing, would be to apply for Chinesc citizenship under the Chinese Nationality Act.
If the second option was taken up, permanent residents would be issued with a special Chinese passport by the Special Administrative Region (SAR) government.
The above assurances are oral only and for the reasons set out below are 4 % unclear :
under present Chinese nationality laws those noc Chinese descont will not be regarded as Chinese nationals after the incorporation of Hong Kong into the People's Republic of China.
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present Chinese nationality law is unclear because there is no definition of a "Chinese National". What is clear is that under the present law acquisition of Chinese nationality is based on the principle of jus sanguinis. Further that by Article 18 and Annex III of the Basic Law- the Nationality Law of the People's Republic of China will apply in Hong
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