TNAG-2946-FCO40-4222-Hong-Kong-nationality-Macao-(Macau)-1993 — Page 16

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CONFIDENTIAL

Ms Wright FED go over our

Banes- Jones

undenstanding on humkas qualifications and sex

MACAO: NATIONALITY wheat latest polki

1.

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fanny please NAT 15/7.

(C: Mr Bunker, HELD

HKD $340/13

RECEIVED IN REDICT

7

11 AUG 1993 Mal

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REGIST

A.

We spoke. The question of national Macao is a complex one and there are no clear answers as to exactly how many persons are either eligible to or do actually hold Portuguese passports. Those that do hold Portuguese passports have right of abode in Portugal (since Portuguese law does not provide for types of nationality without right of abode in the metropolitan country). Thus in very general terms there is a higher proportion of Macao inhabitants who qualify for residence in Portugal than there is of Hong Kong people with right of abode in the UK.

2. Under the Joint Declaration of 1987, the Chinese declared that all inhabitants of Macao who come under the provisions of the Nationality Law of the PRC (essentially the ethnic Chinese) have Chinese citizenship but those who already hold Portuguese passports may continue to use them as travel documents after 1999 (but would not be eligible for Portuguese consular protection in Macao or in other parts of China). The Portuguese also stated that those inhabitants of Macao who, having Portuguese citizenship, are holders of a Portuguese passport on 19 December 1999 may continue to use it after that date. No person may acquire Portuguese citizenship from 20 December 1999 by virtue of their connection with Macao. Thus from 20 December 1999 only those inhabitants of Macao who were Portuguese citizens holding Portuguese passports could continue to use them after that date. Even if they were eligible for Portuguese nationality before 19 December by virtue of a connection with Macao, if they had not claimed it by that date, they could not obtain it thereafter. It is not entirely clear what would happen in the case of someone who had claimed Portuguese nationality but had not applied for a passport before 19 December 1999 (although an enquiry of the Portuguese by our Embassy in Lisbon in May 1989 elicited the response that the Portuguese intended to continue giving passports to those residents of Macao they considered entitled to them Lisbon telno 112 to FCO of 2 May 1989 CONFIDENTIAL)

3.

Up to 1981 (although some reports have said up to 1974) anyone born in Portuguese territory was entitled to Portuguese citizenship. Under the 1981 nationality law individuals qualify for Portuguese nationality if they were:

(a) born in Portuguese territory, or territory under Portuguese administration, to a Portuguese father or mother, or abroad provided that the Portuguese parent is in the service of the Portuguese state ;

(b) born abroad to a Portuguese father or mother and provided they declare a wish to be Portuguese, or register their birth with the Portuguese civil registry;

CONFIDENTIAL