Written question asked by Lord Avebury (Liberal Democrat), in the House of Lords. It was answered by Lord West of Spithead (Labour) on Monday, 29 October 2007.

British Citizenship

Question: asked Her Majesty's Government:Whether, having regard to the Chinese Nationality Law promulgated by the chairman of the Standing Committee of the National People's Congress on 10 September 1980 and the clarifications concerning implementation of Chinese Nationality Law in Hong Kong, adopted on 15 May 1996, a person who is a British National (Overseas) and is of Chinese ethnicity or race would be entitled to registration under Section 1 of the British Nationality (Hong Kong) Act 1997 under the following circumstances (a) he was born outside the Chinese territories, including Hong Kong; (b) he does not satisfy the criteria laid down in Article 5 of the Chinese Nationality Law to be a Chinese national by descent; (c) he has never been naturalised as a Chinese citizen; (d) he is ordinarily resident in Hong Kong at the time of the application for registration; (e) immediately before 4 February 1997 he (i) was ordinarily resident in Hong Kong; (ii) was a British Dependent Territories citizen by virtue only of his having a connection with Hong Kong (within the meaning given by the Schedule to the 1997 Act); and (iii) held no other nationality other than British National (Overseas); (f) since 4 February 1997 he has held no nationality or citizenship other than as set out above; and (g) he satisfies the requirements of Section 58 of the Immigration, Asylum and Nationality Act 2006.

Answer: From the information provided it would appear that such a person would qualify for registration as a British citizen.

Secondary information

Type: Written question
Reference: 5689; 695 c138WA
Session: 2006-07
Subjects: British nationality China Eligibility Hong Kong Ethnic groups Minority groups
Link: View this Written question on www.publications.parliament.uk