Depending on the outcome of discussions by the Governor in the UK the balance of advantage would seem to lie in trying to ensure that "Hong Kong" is included in the amendment.
10
Although there appears to be little likelihood of the British Government shifting its position on a common citizenship for the UK and its dependencies, and regardless of the outcome of the amendment referred to in paragraphs 8 and 9 above, the question remains whether a change should be sought to the title "Citizenship of the British Dependent Territories" either in the bill, or for administrative purposes, or both. Previous discussions on the question of nomenclature are summarised at Annex C. Despite the very considerable efforts made over a long period to secure a title which recognises Hong Kong's constitutional relationship with the United Kingdom in a meaningful way, the Government has not been successful in securing the retention of either the word "British" or the words "United Kingdom", without the word "Dependencies", in the title. In view of the British Government's apparently immovable stand on this issue, it is for consideration whether any further efforts should be made to change the title "Citizen of the British Dependent Territories", and if so to what.
Right of abode in the UK
11
Under the existing law, Hong Kong CUKCs acquire the right of abode in the UK after five years' ordinary residence there. No other formalities are required by way of registration or naturalisation so to do. It is proposed in the bill that CBDTs can only acquire the right of abode in the UK through naturalisation at the discretion of the Secretary of State. In addition to five years' ordinary residence in the UK, they will have to satisfy other criteria (e.g. language, good character and, of especial significance, a firm intention to continue to reside in the UK) before the Secretary of State would consider naturalising them. The criteria for naturalisation apply equally to CBDTs and aliens to whom the concept of naturalisation traditionally applied.
12
It is necessary to differentiate between the entitlement to registration and the discretionary power of naturalisation. In order to preserve the existing right of Hong Kong CUKCs and to underline the continuing constitutional relationship between Hong Kong and the United Kingdom, it is proposed that an amendment should be sought to the bill to give CBDTs an entitlement to register as British citizens after five years' residence in the UK without any further requirements having to be met. D The proposed amendment is set out at Annex D.
G.S. 166
CONFIDENTIAL