TNAG-0321-FCO40-357-Effect-of-1971-UK-Immigration-Bill-on-entry-of-Chinese-from--1971 — Page 77

147. MAR 1971

Home Office

WHITEHALL · S.W.I

2th March, 1971

Dear Blaker,

День

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You wrote to the Home Secretary on 3rd March about the Immigration Bill and its effect on citizens of the United Kingdom and Colonies who are resident in Hong Kong.

Clause 2(1)(a) of the Bill provides that any citizen of the United Kingdom and Colonies is to have the right of abode, and thus, to be free from immigration control, if he has this citizenship by birth, adoption, naturalisation or registration in the United Kingdom or in the Channel Islands or the Isle of Man, and if at least one of his parents at any time had United Kingdom citizenship in any of these ways.

Commonwealth citizens who are not citizens of the United Kingdom and Colonies, however, have the right of abode (under clause 2(1)(c)) (only if one parent or grandparent was born in the United Kingdom, the Channel Islands or the Isle of Man.

Another provision in the Bill which will affect citizens of the United Kingdom and Colonies from Hong Kong, and to which you draw attention in your letter, is clause 2(1)(b). A person who is already a citizen of the United Kingdom and Colonies, but who does not have the right of abode, cannot acquire that right through registration, as can a citizen of an independent Commonwealth country. The Bill therefore provides that once such a person has been settled here for, 5 years he will become patrial automatically. He does not have to make a special application for this status, nor; will its grant depend on the discretion of the Home Secretary, as will be the case where a Commonwealth citizen seeks to acquire the right of abode by registering as a citizen of the United Kingdom and Colonies.

The Government's policy in regard to the issue of work permits will continue to take account of our special obligations to the dependent territories, including Hong Kong.

I am sending a copy of this letter to Anthony Royle at the Foreign and Commonwealth Office.

Seen

Yours smicuely,

David Whishshain

Tetor Baka Way., M..

(LORD WINDLESHAM)