TNAG-0661-FCO40-810-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 52

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

;

Answer

People in this category may have their conditions of stay lifted in accordance with rules in force at the time. However, they would not as BOCs gain a permanent and unqualified right of entry. To acquire such a right they would have to apply successfully for British citizenship (see paragraph 1 above).

Query on right of free movement within the EEC

Answer

It seems likely that we would seek a new definition of United Kingdom nationals for EEC purposes based upon British citizenship. There would be two exceptions, the first likely to be Gibraltarians as at present, who would be British overseas citizens under suggested legislation, and the second that Channel Islanders and people from the Isle of Man, would, (as at present) not have the right of free movement. We would not seek, nor expect, a concession from our Community partners to concede the right of free movement to British overseas citizens except for those mentioned above, even though some of them retain the right of entry to the United Kingdom. We would expect that British overseas citizens seeking admission to Community countries for visits or for employment would be treated in a similar way to that applied to non-patrial CUKCs at present.

Paragraph 66

Query

At present a CUKC from Hong Kong who has resided in the United Kingdom for a stated period enjoys certain civic privileges, eg the right to vote. The Green Paper is silent on the position of British overseas citizens. Is it inferred that BOCs will no longer be eligible for such civic privileges?

Answer

The Green Paper does not discuss civic privileges, because it is only concerned with nationality law. Voting rights stem from electoral law, stipulations about shipping and crews are laid down by merchant shipping law, and so on. Privileges and restrictions can properly be considered only in the context of the subject to which they relate. A major factor will be the retention, or not, of the term and status of British subject which qualifies those entitled to many civic privileges. Decisions in this field will be of major political importance in the United Kingdom and it would be

/unwise

CONFIDENTIAL

10

+

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.