TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 35

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4

dons ui

G.F. 324

A

8.

(c)

(a)

not, however, appear to create individual separate citizenships for the remaining dependencies;

maintain a large measure of commonality between' the UK and all its remaining dependencies as to the principles on the basis of which their citizenships are to be acquired and as to how their citizens

are to be described, thereby underlining the

continuing constitutional relationship between the UK and its dependencies and the continuing British

commitment.

We firmly believe that this compromise is capable of achievement. One way in which this can be done is suggested at

Annex A. Although it may appear to be a very considerable amendment,

its ultimate effect would be to simplify the Bill and remove the confusion which exists in the Bill as it now stands as regards the

right of abode in each dependent territory.

Right of Abode in the UK:

9.

Under the existing law, Hong Kong CUKCS acquire the right of abode in the UK after five years' ordinary residence there.

No other formalities are required by way of registration or natural-

isation so to do. It is proposed in the Bill that CBDTs can only

acquire the right of abode in the UK through naturalisation at the discretion of the Secretary of State. In addition to five years' ordinary residence in the UK, they will have to satisfy other criteria (e.g. language, good character and, of especial significance,

a firm intention to continue to reside in the UK) before the

Secretary of State would consider naturalising them. The criteria for naturalisation apply equally to CBDTs and aliens. The concept

of naturalisation traditionally applied to the latter only.

10.

It is necessary to differentiate between the entitlement to registration and the discretionary power of naturalisation. In order to preserve the existing right of Hong Kong CUKCS and to underline the continuing constitutional relationship between Hong Kong and the United Kingdom, it is proposed that an amendment should

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be made