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SECOND REPORT FROM
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term "right of abode" for the first time. The British Nationality Act 1981 did no more than amend the nationality law so as to bring it into line with the developments of immigration law and practice of the previous twenty years. It removed no previously existing rights of entry or settlement in the UK.
4.5. Under the present immigration policy there are five ways in which someone, who is not a British citizen, may be able to enter Britain other than as a visitor. First by showing that they have independent means, either a minimum of £150,000 or an income of at least £15,000 per annum; secondly in order to establish themselves in business, for which they must have at least £150,000 to invest in a way that will create two or more jobs in the UK; thirdly in order to take up employment, for which a work permit is required, issued by the Department of Employment; fourthly as a spouse or fiancé(e)-but not widow or widower-of a British citizen; and fifthly as a student. In order to obtain indefinite leave to remain, or the right to settle, a person admitted in any of the first three ways may apply for the removal of any time limit (ie of immigration controls) on his stay after he has been here four years. Periods spent in Britain as a student do not count towards this residency requirement. Spouses of British citizens may register for British citizenship after three years. BDTC passport holders who have acquired the right to settle under one of the first three categories, may register as a British citizen after a further year. The only other route to British citizenship is by means of the Home Secretary's discretion under section 4(5) of the British Nationality Act, which applies only to crown service (see paragraphs 4.20 and 4.21 below).
4.6. As we discussed earlier, at the root of Britain's special obligation to Hong Kong is the unique position of Hong Kong as a British dependent territory whose people are not able to exercise the fundamental right of self determination. We explained that we consider that the Joint Declaration with the unprecedented promise of "one country, two systems" and the continuation of the capitalist system in Hong Kong, met that unique obligation in the first instance. We have described what additional measures we believe are necessary, particularly with regard to the Basic Law and representative government, to ensure that the promises of the Joint Declaration are realised in Hong Kong after 1997.
4.7. It is forcefully and widely argued in Hong Kong that Britain's obligation extends further than this. Because Hong Kong is being given, not independence, but a status, however hedged around with safeguards, under the sovereignty of a large neighbouring nation with a turbulent and violent history, and now, a bloody and repressive present, Britain should extend to the BTDCs of Hong Hong3 (about 3.28 million people) full British citizenship or a right of abode in Britain.
4.8. British citizenship could only be extended to Hong Kong BDTCs by means of primary legislation. If granted it would allow Hong Kong BDTCs not only to enter Britain to live and work, but also, after 1992, any member state of the European Community. To grant full British citizenship, however, would contradict the British memorandum on nationality attached to the Joint Declaration. This memorandum is not part of the Joint Declaration and to go against it would not constitute a breach of the Treaty, but, as Sir David Wilson told us on 12 June, it is "important that nothing should be done which could throw any doubt on those documents". For that reason he advocated granting a right of entry to Britain. An additional objection to the granting of full British citizenship to all Hong Kong BDTCs is that by a strict interpretation of the nationality laws of the People's Republic, which does not recognise dual nationality, no British citizen (and therefore no Hong Kong BDTC if full British citizenship is granted) would be able to become the Chief Executive, Secretary or Deputy Secretary of a Government Department, Director of a Bureau, Commissioner against Corruption, Director of Audit or Commissioner of Police, since according to the second draft of the Basic Law all these posts must be filled by Chinese citizens."
'Evidence p 9.
* Q 783.
'The United Kingdom Memorandum associated with the Joint Declaration provided for the creation of an appropriate status, which without containing right of abode in the United Kingdom, would entitle those who on 30 June 1997 were BDTCs by connection with Hong Kong to continue after that date to use passports issued by the United Kingdom Government (Evidence p308). This status is called British National (Overseas), BN(O). BN(O) passports have been available since I July 1987. BN(O) status is not transferable to the holder's children.
• Q 903. * Articles 44 and 100.