John

an informed perspective would have to come from the ccp...

this is what I wrote eleswhere:

the bno issue is not in the joint declaration. but two memoranda were exchanged on the subject. I am no lawyer, but I think that that means that, not being part of the formal jd, they are not legally binding. on the other hand, going against that sort of document is not usually regarded as 'good form'.

I am ventriloquising, but the uk govt would probably say:

- the introduction of the nsl was a clear breach of the jd and bl. we have a moral duty to look after those who were our citizens (sort of) before 1997. the nsl breach changes the terms of business and we have no choice but to act despite the 1984 memorandum

- we are not changing anything in the treatment of bno passport holders. this is what the embassy refutation said a week or so again. (see https://www.gov.uk/government/news/bno-visa-route-response-to-misleading-claims)

this second claim might be so in the letter, but I have my doubts that it reflects the spirit. it is true that citizenship is not being granted, as the 1984 memorandum promised. but until the nsl bno passport holders' rights were fairly restricted. now, even if they are not granted citizenship immediately, they are on a 'pathway to citizenship' over 5-6 years, which was not cleared before.

this is presumably a warning shot by Beijing. expect more measures at the npc in march. as you will have seen, the two most being talked of are making civil servants renounce bno status and removing the right to vote. the former might possibly run up against this from the annex to the jd:

Foreign nationals in public service The Hong Kong Special Administrative Region Government may employ British and other foreign nationals previously serving in the public service in Hong Kong, and may recruit British and other foreign nationals holding permanent identity cards of the Hong Kong Special Administrative Region to serve as public servants at all levels, except as heads of major government departments (corresponding to branches or departments at Secretary level) including the police department, and as deputy heads of some of those departments. The Hong Kong Special Administrative Region Government may also employ British and other foreign nationals as advisers to government departments and, when there is a need, may recruit qualified candidates from outside the Hong Kong Special Administrative Region to professional and technical posts in government departments. The above shall be employed only in their individual capacities and, like other public servants, shall be responsible to the Hong Kong Special Administrative Region Government.

Use of travel documents For the purpose of travelling to and from the Hong Kong Special Administrative Region, residents of the Hong Kong Special Administrative Region may use travel documents issued by the Hong Kong Special Administrative Region Government, or by other competent authorities of the People's Republic of China, or of other states.

but again, a lawyer would need to comment on the use of 'may' rather than 'shall' which appears in other clauses of the annex.