The Bill itself does not alter current immigration policy on entry of immigrant UK belongers to Hong Kong. This policy which was recently the subject to memorandum XCCI (82) 28 is summarised at Annex C. It allows virtually unrestricted entry into Hong Kong for employment whereas generally Hong Kong people, with the exception of, for example, some persons with professional or similar qualifications, require work permits for entry to UK for employment. For the conveniencë of Members a comparison of the immigration status of BCs and RBCs in Hong Kong and that of BDTC immigrants in UK is set out at Annex D.
G.S. 166
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Aspects of the Bill may necessitate changes in entry criteria and immigration control. For example and as explaind in paragraph 7(b) above, under the Bill non-BDTC spouses of Hong Kong belongers will not become Hong Kong belongers unless and until they are naturalised. Accordingly, as the requirements for the naturalisation of spouses include three years residence in Hong Kong and the applicant being free of conditions of stay it may be appropriate to remove conditions of stay after three years residence. These and similar implications are being studied separately and may be the subject of a separate submission to Council.
Immigration (Amendment) Regulations 1982
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The proposed draft amending Regulations seek to make two amendments to subsidiary legislation with effect from 1 January 1983. The amendments, explained in the Explanatory Note attached to Annex B, comprise an update of a list of documents issued by the Director of Immigration and a
consequential change of nomenclature stemming from the NBA 1981.
Staffing and financial implications
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Because children born in Hong Kong on or after 1 January 1983 will not necessarily be Hong Kong belongers and because women who marry BDTCs will not automatically become BDTCS (men do not under existing law), applications for documents and/or naturalisation from such persons will require detailed checking. Some additional staff may be required in the Immigration Department to determine these and other related matters.
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Public reaction
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In the main the proposed changes stem from the BNA 1981 which generated substantial comment both from the public and the media over a prolonged period during its passage through
CONFIDENTIAL #B
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