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MO 3/18S
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CONFIDENTIAL
RY
OF STATE
chifant, HIC)
JPS
PS/M Manda
the Gillmore
Mr Mclaren
Defence Dut Legal Advisers Adrice
please.
GURKHA LEGISLATION
When OD discussed the future of the Brigade of Gurkhas at their meeting on 9th May, it was agreed that the law would have to
be changed to ensure that service by the Gurkhas in the UK did not
carry rights of settlement here or citizenship entitlements for
them and their families. This entails an amendment to the British
Nationality Act 1981, a change in the Immigration Rules and a
statement disapplying the long residence concession to non-UK
members of the Armed Forces and their families. At that time no other amendments to the 1981 Act were in prospect and it was thought that a short Bill for these purposes might reopen the debate about the position of the Hong Kong Chinese. It was therefore decided that the preferable course, while not without its
own problems, would be to use the 1991 Armed Forces Bill to make the necessary changes in the law.
2.
Since then the basis on which the decision was taken has
changed. We will now be proceeding with legislation to deal with
the Hong Kong assurances scheme and this will entail inter alia
amending the 1981 Act. I note from your minute of 15th December to Douglas Hurd your wish to confine the scope of the Bill strictly to cater for the Hong Kong requirement and I naturally understand and sympathise with your reasons for taking this line. I nevertheless
CONFIDENTIAL
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