**********************************************************

Following is a question by the Hon Bernard Chan and a written reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (January 15):

Question:

It has been reported that a Hong Kong-born Indian girl, who is not a near relative of any Chinese national, was recently naturalized as a Chinese national. It is learnt that such case is quite rare. In this connection, will the Government inform this Council whether:

(a) there has been a change recently in the policy for handling ethnic minorities' applications for naturalization as Chinese nationals; and

(b) it has estimated the number of persons belonging to the ethnic minorities who are going to apply for naturalization as Chinese nationals in the near future; if so, of the details?

Reply:

Madam President,

(a) There has been no change in the policy for handling ethnic minorities' applications for naturalization as Chinese nationals. All naturalization applications are processed in accordance with law without regard to the applicant's ethnicity.

Since July 1, 1997, all naturalization applications are processed by the Immigration Department in accordance with the Nationality Law of the People's Republic of China ("Nationality Law") promulgated in the Hong Kong Special Administrative Region (HKSAR). All matters relating to the operation of the Nationality Law in the HKSAR are governed by the Chinese Nationality (Miscellaneous Provisions) Ordinance, Cap. 540.

In accordance with Article 7 of the Nationality Law, foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications: -

(a) they are near relatives of Chinese nationals;

(b) they have settled in China; or

(c) they have other legitimate reasons.

Furthermore, upon approval of the naturalization application, the applicant shall not retain foreign nationality as stipulated in Article 8 of the Nationality Law.

Section 5(1)(a) of Cap. 540 provides, amongst others, that the discretion in connection with any nationality application (including naturalization) shall be exercised without regard to race, colour or religion of any person who may be affected by its exercise.

(b) The Immigration Department does not have any estimate of the number of persons belonging to the ethnic minorities who are going to apply for naturalization as Chinese nationals in the near future. In the past three years (2000 - 2002), on average 443 applications for naturalization were received each year.

End/Wednesday, January 15, 2003

NNNN