XN000022-1982-12-03 — Page 2

FRIDAY, DECEMBER 3, 1982

IMMIGRATION AMENDMENT BILLS

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DETAILS OF AMENDMENTS TO THE LAW CONSEQUENT UPON THE PASSAGE OF THE BRITISH NATIONALITY ACT 1981 ARE PUBLISHED TODAY (FRIDAY).

THEY ARE PUBLISHED IN THE GAZETTE UNDER THE IMMIGRATION (AMENDMENT)(NO. 2) BILL 1982, IMMIGRATION (AMENDMENT)(NO. 3) BILL 1982, BRITISH NATIONALITY ACT 1981 (CONSEQUENTIAL AMENDMENTS) BILL 1982, AND THE BRITISH NATIONALITY (MISCELLANEOUS PROVISIONS) (AMENDMENT) BILL 1982.

AS A RESULT OF THE BRITISH NATIONALITY ACT 1981 (BNA 1981), FROM JANUARY 1, 1983, CITIZENSHIP OF THE UNITED KINGDOM AND COLONIES

HONG KONG (CUKC) WILL BE REPLACED BY THREE SEPARATE CITIZENSHIPS. CUKCS WILL BECOME BRITISH DEPENDENT TERRITORIES CITIZENS (BDTCS).

THIS CATEGORY OF CITIZENSHIP WAS ACHIEVED LARGELY AS A RESULT OF STRONG AND PERSISTENT HONG KONG REPRESENTATIONS TO THE BRITISH GOVERNMENT. IT WILL BE RECALLED THAT THE GREEN PAPER ON BRITISH NATIONALITY LAW PRESENTED TO PARLIAMENT IN 1977 BY THE HOME SECRETARY PROPOSED ONLY TWO CATEGORIES OF CITIZENSHIP, BRITISH CITIZENSHIP (BC) AND BRITISH OVERSEAS CITIZENSHIP (BOC). HONG KONG CUKCS WERE INCLUDED IN THE LATTER. THE BNA 1981 RETAINS BOC WHICH IS NOW FOR CUKCS WHO WILL QUALIFY NEITHER AS BDTCS NOR BCS ON JANUARY 1, 1983. SUCH CITIZENSHIP DOES NOT CARRY THE RIGHT OF ABODE IN THE UK OR IN THE DEPENDENT TERRITORIES. IT CANNOT BE ACQUIRED BY BIRTH OR PASSED ON BY DESCENT.

UNDER THE BNA 1981, BRITISH DEPENDENT TERRITORIES CITIZENSHIP IS FOR THE DEPENDENT TERRITORIES AS A WHOLE, CONSEQUENTLY, THE IMMIGRATION (AMENDMENT)(NO. 2) BILL 1982 IS DESIGNED MAINLY TO ENSURE THAT ONLY THOSE BDTCS WHO ARE SUCH BY CONNECTION WITH HONG KONG WILL BE HONG KONG BELONGERS,

A GOVERNMENT SPOKESMAN EXPLAINED THAT A HONG KONG BELONGER IS SOMEONE WHO HAS THE RIGHT OF ABODE IN HONG KONG AND WHO CANNOT BE REMOVED OR DEPORTED FOR ANY REASON.

THE BILL PROVIDES THAT FROM JANUARY 1 NO ONE WILL BECOME A HONG KONG BELONGER UNLESS HE OR SHE IS A BDTC BY REASON OF CONNECTION WITH HONG KONG.

HOWEVER, AS A TRANSITIONAL MEASURE, ALL PERSONS WHO ARE HONG KONG BELONGERS AT DECEMBER 31, 1982, BUT WHO DO NOT BECOME RDTCS, WILL KEEP THEIR EXISTING RIGHTS AND CONTINUE TO BE HONG KONG BELONGERS, HE SAID.

FOR EXAMPLE,