CONFIDENTIAL #

British Nationality Bill 1981

The View of the Unofficial Members of the Executive and Legislative

Councils, Hong Kong

It is a matter of record that the Commonwealth Immigration Act of 1962 unilaterally set-aside the right of Hong Kong Citizens of the United Kingdom and Colonies (CUKC's) to visit and reside in the United Kingdom without restraint.

2.

The Green Paper entitled British Nationality Law: Discussion of Possible Changes, published in April 1977, proposed the simplification and up-dating of the law relating to British nationality.

3.

In response to our views on the Green Paper, as presented personally to the Foreign and Commonwealth Office in June 1977 by the two Senior Unofficial Members of Executive and Legislative Councils, the then Minister of State at the F.C.C., the Rt. Hon. Lord Goronwy-Roberts replied in a letter dated 4th August 1977 :-

4.

"The Green Paper does not indicate any alteration in the Government's policy towards Hong Kong and its commitment to Hong Kong's security and prosperity. constitutional relationship between the United Kingdom and Hong Kong is unaffected.

The

You will obviously want to study the technical implications of the Green Paper carefully and we shall be interested in the views coming from Hong Kong on the subject. In general, however, the Green Paper does not envisage that any existing rights will be withdrawn from the present generation anywhere in the world. For instance, those citizens of the United Kingdom and Colonies who are at present free of immigration control in the United Kingdom would retain this right. Like- wise the British Government would continue to give protection to British Overseas. Citizens."

The

We have maintained from the outset a preference for no change in the status of Hong Kong's British subjects. White Paper entitled British Nationality Law: Outline of Proposed Legislation, published in July 1980, introduced a fresh category of British Citizenship, namely, Citizens of

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CONFIDENTIAL

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