CONFIDENTIAL
GOVERNMENT DOING TOO MUCH FOR HONG KONG?
to being
21. Many Hong Kong people attach very great importance
eligible to retain their British national status. Clear as sur ances have already been provided on this point in the UK Memorandum. This
represents a political commitment which the Government are bound to
uphold.
INCLUDE IN BILL EXPLICIT STATEMENT OF NO RIGHT OF ABODE IN UK?
22. This is quite unnecessary.
The UK
UK Memorandum makes it clear
that the new form of nationality will not carry with it the right of
abode in the UK. To include this in legislation would be taken as a
gratuitous insult in Hong Kong. Moreover, the powers in the Bill as
drafted could not subsequently be used to confer the right of abode in the UK on BN (O)s. [Paragraph 2(2) of the Schedule refers to a
new status, and the Immigration Act 1971 only confers a right of abode on existing categories of persons. Moreover, for the purposes of paragraph 2(3) such a provision would not be "supplementary, transitional or consequential" to the natioality paragraph 2(1) and (2)].
provisions
of
IMPLICATIONS FOR IMMIGRATION TO UK?
They have
23. Only estimated 20,000 British citizens in Hong Kong.
the right of abode in UK. BDTCs do not have right of abode in the
UK, and will not have it under the new status in 1997. Those Hong
subject to UK immigration control will
Kong residents wh o are normally only qualify to come here if they satisfy the requirements
of the immigration rules. Our efforts have been directed to achieving conditions under which people will not wish to leave Hong
Kong.
WHY GIVING A FORM OF BRITISH NATIONALITY TO PEOPLE OF HONG KONG WHEN
THERE WILL NO LONGER BE A CONSTITUTIONAL LINK WITH THE UNITED
KINGDOM?
We are
24. The people in question are already British nationals.
merely proposing that they should be able i f they wish to retain
this status for the rest of their lives. No one will acquire BN(0)
status who is not already a British national.