CONFIDENTIAL
ANNEX A
NATIONALITY BILL:
1.
BACKGROUND TO HONG KONG'S REQUESTS
It
A major purpose of the British Nationality Bill is to remedy
a defect in the existing law. The present citizenship of the
United Kingdom and Colonies relates both to the United Kingdom
and people from both past and present Dependent Territories.
does not identify those who belong to this country and have the
right to enter and live here freely. In consequence it stops the
United Kingdom from basing its immigration policies on citizenship.
2. The previous Government published a Green Paper in 1977 which
was sent to Hong Kong for comment. The present Government produced
a White Paper in July 1980 outlining the proposed legislation. Hong
Kong were consulted both before and after the event. Advantage was
taken by Hong Kong to make representations and due account was taken
by HMG of their wish to avoid being labelled 'British Overseas
Citizens'.
3.
Thus, the Bill now being discussed in Parliament proposes to
replace Citizenship of the UK and Colonies with three separate
citizenships:
(a) British citizenship;
(b)
(c)
4.
Citizenship of the British Dependent Territories (a major
concession to Hong Kong);
British Overseas Citizenship.
Consequential amendments to the Immigration Act of 1971 will be
made in the Bill itself.
5. Hong Kong citizens are by virtue of the 1948 Nationality Act
citizens of the United Kingdom and Colonies.
However, the Common-
wealth Immigrants Act of 1962 removed from them the automatic right
of entry and abode in the United Kingdom and subsequent immigration
legislation has maintained that position.
CONFIDENTIAL
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