TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 61

CONFIDENTIAL

ANNEX A

NATIONALITY BILL:

1.

BACKGROUND TO HONG KONG'S REQUESTS

It

A major purpose of the British Nationality Bill is to remedy

a defect in the existing law. The present citizenship of the

United Kingdom and Colonies relates both to the United Kingdom

and people from both past and present Dependent Territories.

does not identify those who belong to this country and have the

right to enter and live here freely. In consequence it stops the

United Kingdom from basing its immigration policies on citizenship.

2. The previous Government published a Green Paper in 1977 which

was sent to Hong Kong for comment. The present Government produced

a White Paper in July 1980 outlining the proposed legislation. Hong

Kong were consulted both before and after the event. Advantage was

taken by Hong Kong to make representations and due account was taken

by HMG of their wish to avoid being labelled 'British Overseas

Citizens'.

3.

Thus, the Bill now being discussed in Parliament proposes to

replace Citizenship of the UK and Colonies with three separate

citizenships:

(a) British citizenship;

(b)

(c)

4.

Citizenship of the British Dependent Territories (a major

concession to Hong Kong);

British Overseas Citizenship.

Consequential amendments to the Immigration Act of 1971 will be

made in the Bill itself.

5. Hong Kong citizens are by virtue of the 1948 Nationality Act

citizens of the United Kingdom and Colonies.

However, the Common-

wealth Immigrants Act of 1962 removed from them the automatic right

of entry and abode in the United Kingdom and subsequent immigration

legislation has maintained that position.

CONFIDENTIAL

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