TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 227

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NOTE BY THE GOVERNOR FOR THE EXECUTIVE COUNCIL

BRITISH NATIONALITY LAW

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I promised to circulate a note as a basis for discussion of a nomenclature for British citizens in Hong Kong, in case the old classifica - tion of "Citizens of the UK and Colonies" has to be abandoned.

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HMG's position was set out in the previous government's Green Paper, a copy of which is attached. The Conservatives broadly accept its conclusions and new legislation will be published probably before the end of this year.

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It is important to us that when published, even though still subject to debate and amendment, it should not contain anything which causes offence or uncertainty here.

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The Green Paper proposes two categories of citizenship:

(a) "British citizens" who have automatic right of access

to and abode in the United Kingdom;

(b)

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British overseas citizens", who have no automatic right of access to or abode in the United Kingdom, but only with regard to their own territory or country of residence.

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British overseas citizenship would comprise both residents of dependent territories and the very large number of persons still entitled to be british subjects who live in the sub-Continent, Africa, Malaysia and the Caribbean.

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I have maintained to the FCO and Home Office, over a period of more than two years, that the combination of these two categories into a single citizenship was both wrong in principle, and totally unacceptable and dangerous for Hong Kong. My principal arguments have been:

(a) That in principle it is completely wrong to equa te these two categories. In the case of residents of

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