Introduction
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PART II
LEGISLATIVE FRAMEWORK
2.1
Prior to the coming into force of the BNA 1948 the people of the United Kingdom and the British Empire and Commonwealth enjoyed a common citizenship, namely "British subject". All British subjects were allowed to come to and live in the UK.
2.2 The BNA 1948 (which came into force on 1 January 1949) introduced the status of CUKC. This status was acquired under the BNA 1948 in one of two ways. It could be acquired by birth by those who were born in the UK or an existing Colony (including HK) or it could be acquired by descent. However, in the latter case citizenship was normally restricted to one generation born abroad and was transmitted only through the male line. A11 CUKC's under the BNA 1948 had the right to come to and live in the UK. This right was curtailed by the Commonwealth Immigrants Act 1962 (c.) which, in general terms, brought within the immigration control all British subjects except those who were born in the UK and those CUKC's who held UK passports. The Commonwealth Immigrants Act 1968 (c. ) extended immigration control to CUKC's whose passports were not issued in the UK or Eire and who could not also show that they had an ancestral connection with the UK by virtue of their or a parent's or grandparent's birth, naturalisation or adoption in the UK. The result of these two Acts was that virtually all CUKC's in HK lost the right of abode in the UK. Section 2 (1) of the 1971 Act (as amended by the BNA 1981) now defines the categories of persons who have the right of abode in the UK and
UK and it excludes the overwhelming majority of CUKC's in HK.
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