TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 156

CONFIDENTIAL

HKK 340/1

NO.

22

Mr Jones, NTD

NEW NATIONALITY LEGISLATION:

INOCX

PA

мо диз

Awzils

CONSULTATION WITH DEPENDENCIES

146 79 File

Suze (23)

1. In paragraph 3 of your minute of 29 November you suggested we might consult Governors in confidence about their Governments' likely attitude towards immigration into their territories, assum- ing that a three category citizenship is included in the new UK nationality law.

2. The Hong Kong Government have now confirmed, without prejudice to what may emerge on the primary issue of whether there should be a new nationality law, that there seems unlikely to be a problem in accepting as Hong Kong citizens (or whatever other title is decided) all those defined as Hong Kong belongers in Section 2 of the Hong Kong Immigration Ordinance, together with any present citizens of the UK and Colonies with a father or paternal grand- father born or naturalised in Hong Kong and who under any possible future arrangements might otherwise become stateless.

3. For your information, "Hong Kong belonger" means:

(a) a British subject who was born in Hong Kong; (b) a British subject by naturalisation in Hong Kong; (c) a British subject by registration in Hong Kong under Section 7(2) of the British Nationality Act 1948; (d) a British subject who is married to, or is the child of a person mentioned in paras. (a), (b) or (c).

4. The Hong Kong Government have also asked us to confirm that there will be nothing in the new law to prevent those people who meet the appropriate requirements from being included in more than one category. They are anxious to ensure that there is no risk that, by conferring dependent territory citizenship on somebody who qualifies for the right of abode in Hong Kong, they would thereby be depriving him of any existing entitlement he may have to reside in the UK.

5. The Hong Kong Government have heard that the White Paper will not now be published during this Parliamentary session: can we confirm this?

21 February 1980

cc:

Mr Snodgrass, SPD Mr Holmes, WIAD

Mr Payne, MCD Mr Fearn, SAMD Mr Daunt, SED

WE Quantrill

Hong Kong and General Department

CONFIDENTIAL