CONFIDENTIAL
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(i)
paragraph 2(2) requires a "new"
status to be created and the
Immigration Act 1971 only confers a right of abode оп 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
objections to
there are well founded
provisions into nationality legislation.
HMG is doing too little
It 1 S
i
introducing
immigration
considered unlikely that there will be
there will be any significant body of
opinion in favour of giving all who hold
hold the new status the right of
abode in the UK. There may be some Lords 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 there (Joint Declaration,
Annex I, Section XIV). Ministers might also wish to emphasise that
all Hong Kong BDTCs, whatever their ethnic origin, will be able to
acquire the new nationality status and use it for travel purposes.
Some Lords, while agreeing that
BDTCs the right of abode in the
leave Hong Kong should be able to come
wish. Ministers will wish
to take the
to single out Hong Kong BDTCs as a group for
it would be wrong to give Hong Kong
UK, may argue that those who want to
settlement if they
treatment.
here for
line that
The whole emphasis of the agreement
it would be wrong
such favourable
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 BDTCs
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].
ACQUISITION OF NEW STATUS AND BENEFITS TO BE ENJOYED
It is possible that Lords will press for specific statements to be
made in the Bill about the procedures for the acquisition of the new
CONFIDENTIAL