CONFIDENTIAL
HMG is doing too much
centre
on
The arguments of those who think we are doing too much are likely to
the retention of
and British nationality,
the benefits
that nationality carries with it. Some could argue that it is wrong to perpetuate a situation in which persons who do not have the right of abode in the UK nevertheless hold a a form of British nationality
•
Others could argue that it is wrong for persons who derive their
British nationality from a connection with a Dependent Territory to continue to hold such nationality when that territory itself ceases
be British. Still others might argue
to that the benefits
be
enjoyed by those who hold the new form of nationality should be far less than those enjoyed by BDTCs.
to
Ministers will wish to rebut these arguments forcefully. They may
refer to
the very great importance attached by Hong Kong people to the retention of their nationality status and to the clear
in this point already provided on
the UK Memorandum.
HMG which
reassurance
political a
commitment
are
That Memorandum represents
bound to uphold. Moreover it has been made clear to the Executive Council of Hong Kong that the benefits of the new status will be the
same in all major respects as
those now enjoyed by BDTCs, except for
the loss of transmissibility. There can be no going back on these
commitments.
Some members who think we are doing too much for the people of Hong Kong may also try to write into the Bill an explicit provision that the new form of nationality will not carry the right of abode in the
UK.
This is quite unnecessary. The UK Memorandum makes it clear that
the new form will not carry with it the
the right of abode in the UK. There is no need to legislate on the point; to do so might be taken
as a gratuitous insult in Hong Kong. Moreover Ministers may also say that the powers in the Bill as drafted could not subsequently be
used to confer the right of
of abode in the UK on anybody. This
because:
(i)
is
status to be created and the
a right of abode on existing
"new" paragraph 2(2) requires a
Act Immigration
1971 only confers categories of persons, and
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