number of British nationalities whose holders are not returnable to their country of nationality.

5.3

Nor was enough care taken at the time the British Nationality Act was passed to ensure that the categories and statuses it created were in line with Hong Kong's own immigration law and practice. Hong Kong passports had for the first time to be endorsed with "subject to control under the 1971 Immigration Act"; third countries had no idea whose Immigration Act was involved or that passport- holders had an absolute right to live in Hong Kong. Only after this had caused problems to travellers were the Hong Kong authorities allowed to endorse passports with "right of abode in Hong Kong". Yet this status does not in fact exist under Hong Kong's immigration ordinance, which instead has a category of "right to land" which includes some people (called "belongers") who are not deportable and some people who are. Similarly, the new requirement in the 1981 British Nationality Act that children born in the territory became British Dependent Territories citizens by birth only if they had a British or a settled parent caused further problems: Hong Kong had no category of "settlement" for resident aliens, who were given limited leave in line with the duration of their passports. In order to allow their children to acquire citizenship of their place of birth, the Hong Kong authorities began to remove conditions after a period of at least seven years' ordinary residence.

5.4 The Hong Kong authorities' swift ad hoc actions to resolve problems for Hong Kong residents were admirable, but there is still a great deal of confusion. Many resident aliens we spoke to, and some officials, were not sure when and how they could apply for the settlement which will entitle their Hong Kong born children to British nationality and bring them within the terms of the Order in Council.

3

Share This Page