CONFIDENTIAL
say that the powers in the Bill as drafted could not subsequently be used to confer the right of abode in the UK on anybody. This is
because:
(i)
paragraph 2(2) requires a "new" status to be created and the
Immigration Act 1971 only confers a right of abode on existing
categories of persons, and
(ii) for the purposes of paragraph 2(3) such a provision would not be "supplementary, transitional or consequential" in relation to the
nationality provisions of paragraph 2(1) and (2). In addition there are well founded objections to introducing immigration provisions into nationality legislation.
HMG is doing too little
I t is considered unlikely that the will be any significant body of opinion in favour of giving all who hold the new status the right of abode in the UK. There may be some
however, who will press
for this right to be accorded to those BDTCs who are not Chinese
nationals. Ministers may wish to point out in reply that BDTCs who are not Chinese nationals but who have made their home in Hong Kong are able to retain their right of abode
abode there (Joint Declaration,
Annex I, Section XIV). Ministers might also wish to emphasise that all Hong Kong BDTCs, whatever
whatever their ethnic
their ethnic origin, will be able to acquire the new nationality status and use it for travel purposes.
to
Some Lords, while agreeing that it would be wrong to give Hong Kong BDTCs the right of abode in the UK, may argue that those who want to leave Hong Kong should be able to come
here for settlement if they
wish. Ministers will wish. to take the line that it would be wrong
single ou t Hong Kong BDTC s as a group for such favourable treatment. The whole emphasis of
of the agreement has been towards creating a secure future for Hong Kong and an environment in which its people can continue to live with confidence. Those former BDTC s
who wish to come here will therefore generally have to satisfy the requirements of the Immigration Rules.
[If pressed, reference can be made to those to whom undertakings have or will be given that they may come here for settlement].
CONFIDENTIAL