TNAG-2941-FCO40-4217-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 87

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5.2

5.3

5.4

5.5

reference to ethnicity). By Article 18 and Annex III of the Basic Law the

Nationality Law of the People's Republic of China will apply in Hong Kong

after the transfer of sovereignty. Therefore this principle of jus sanguinis will

apply to future nationality laws of Hong Kong.

Present Hong Kong Immigration practice, as a response to Chinese nationality

laws, differentiates between people of Chinese descent and those not. This is

borne out by the presence of 3 stars on the Identity Cards of those of Chinese

descent. This practice recognizes the different treatment accorded to those of

Chinese descent and anticipates the treatment that will be accorded to minorities

upon the transfer of sovereignty.

Article 7 of the PRC Constitution 1980 provides that Chinese nationality may be

acquired by discretionary grant to persons not ethnically Chinese. At present 37

Chinese minority groups are recognized in China, including Tibetans. There is

only 1 known precedent for a non-oriental obtaining Chinese nationality. This

was conferred for political reasons after the Long March in the 1930's. White

Russians who fled Russia after the Bolshevik Revolution never obtained Chinese

nationality.

For these and other various reasons many of the affected ethnic minorities

would not want to obtain Chinese Nationality. The ethnic minorities are

accustomed to the political, social and economic institutions developed in Hong

Kong by the United Kingdom. They are not accustomed to similar institutions

which presently exist in China.

In January 1993, Mr. Lu Ping, Director of the State Council's Hong Kong and

Macau Affairs Office, made an oral statement to a visiting delegation of the

Indian Chamber of Commerce. He was reported to have said that the affected

minorities could either remain stateless Hong Kong residents or alternatively

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