布政司署
CONFIDENTIAL
香港下亞畢道
* OUR Ref.: (38) in CR 16/2091/79 II
* YOUR REF.:
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
вся
R.D. Clift Esq.,
Hong Kong & General Department, Foreign & Commonwealth Office, London SW1A 2AH.
Autta/ Pour ил fu de ки
to 24.4.81
21st April 1981
Entitlement to Re-Admission to the United Kingdom
We should be grateful for your help in meeting one further erosion which has come to light in the examination of some particular
cases.
2.
A CUKC who was exempt from immigration control under the Commonwealth Immigrants Acts 1962 and 1968 on the grounds that he held a UK passport issued in the British Isles without an endorsement that it was issued on behalf of the Hong Kong Government, ceased to be so exempt after the Immigration Act of 1971 came into force on 1st January 1973. However holders of such passports retained their legal right to be freely re-admitted to the UK under para. 5 of the Immigration Rules. The passports held by this category of people bear the endorsement "Holder is entitled to re-admission to the United Kingdom".
3.
According to instructions contained in Appendix 11 of Volume 25 of Diplomatic Service Procedure such endorsements could be transferred to dependent territory passports. On 17th March 1981 the Home Office advised our Immigration Department by telex CWI/73 1230/302/3 that only holders of UK passports may be entitled to "re-admission" endorsement and such endorsement may not be transferred from UK to Hong Kong passports.
4.
Under clause 9(1) of the Nationality Bill a Hong Kong CUKC who does not have the right of abode in the UK will not acquire British citizenship when the Bill comes into operation and therefore will no longer be entitled to a UK passport. Under the new Home Office ruling he will therefore lose the entitlement to re-admission to the UK as the "re-admission" endorsement will not be transferred to his CBDT passport.
CONFIDENTIAL
/ para 5.