+

G

CONFIDENTIAL

who have the right of abode: under Section 2(1)(c) of the Immigration Act 1971. Some of them will not meet the sort of residence qualifications touched upon in general terms in paragraph 22 of the Green Paper, and there is a suggestion at the end of paragraph 29 that they might, as British overseas citizens, be allowed to retain their present right of entry for their life times.

3. Query on right of free movement within the EEC. Answer

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It seems likely that we would seek a new definition of United Kingdom nationals for EEC purposes based upon British citizenship. There would be two exceptions, the first likely to be Gibraltarians as at present, who would be British overseas citizens under suggested legislation, and the second that Channel Islanders and people from the Isle of Man, would, (as at present,)not have the right of free movement. We would not seek, nor expect, a concession from our Community partners to concede the right of free movement to British overseas citizens except for those mentioned above, even though some of them retain the right of entry to the United Kingdom. We would expect that British overseas citizens seeking admission to Community countries for visits or for employment would be treated in a similar way to that applied to non-patrial CUKCs at present.

4. Paragraph 66 - Query

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At present a CUKC from Hong Kong who has resided in the United Kingdom for a stated period enjoys certain civic privileges, eg the right to vote. The Green Paper is silent on the position of British overseas citizens. Is it inferred that BOCs will no longer be eligible for such civic privileges?

Answer

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The Green Paper does not discuss civic privileges, because it is only concerned with nationality law. Voting rights stem from electoral law, stipulations about shipping and crews are laid down by merchant shipping law, and so on. Privileges and restrictions can properly be considered only in the context of the subject to which they relate.

2.

CONFIDENTIAL

A

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