person on condition of stay
XCC(82)111
(i).
visitor
(ii)
(iii)
(iv)
(b)
8
Vietnamese refugee
illegal immigrant;
currently any British subject, wherever born, who is the spouse or child of a Hong Kong belonger, is automatically a Hong Kong belonger. In future no one will become a Hong Kong belonger unless and until he/she becomes a BDTC. This means, for example, that a BC or Australian citizen who marries a Hong Kong. belonger in future will not become a Hong Kong belonger until he or she becomes a naturalised BDTC. Applications for naturalisation in these circumstances will be considered if, inter alia, the applicant has been in Hong Kong for three years and is free of conditions of stay. The same conditions will apply to aliens who marry Hong Kong belongers.
The draft Bill also provides, in clause 2, for new terminology whêh is generally the same as that provided for
in the BNA 1981. For example the terms "United Kingdom belonger" and "resident United Kingdom belonger are no longer applicable and are superseded by "British citizen" (BC) and "resident British citizen" (RBC) respectively.
9
Generally the changes referred to in paragraph 8 are changes in nomenclature only. The immigration status in Hong Kong of persons from UK is not altered, but changes are proposed in the immigration status of the foreign wives and the foreign children of UK belongers. At present, under the definition of United Kingdom belonger. in section 2 of the Immigration Ordinance, foreign wives and foreign children of UK belongers are classed as UK belongers notwithstanding the fact that they might not have become registered or naturalised CUKCS. Conversely, foreign husbands of UK belongers are not classed as UK belongers unless they are naturalised CUK CS with the right of abode in the UK.
10
The provisions of clauses 5, 6, 7 and 8 of the Bill would have the effect that, in future, the foreign spouses and foreign children of BCs would not be classed as BCs unless either they became BCs by naturalisation or registration or they are currently classed as UK belongers.
G.S. 166
CONFIDENTIAL