TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 135

CONFIDENTIAL

GRS 300

CONFIDENTIAL

FM FCO 171800Z MAR 81

TO PRIORITY GOVERNOR HONG KONG

TELEGRAM NUMBER 253 OF 17 MARCH

HKCK 340/1

RECKIVED THE DOWNTLY NO.

<AY NO. 31

1 8 MAR 1981

DESK OLCER

INDEX

No 119.3.

PA

REGISTRY

chon Taken

150314

FOLLOWING TELEGRAM RECEIVED FROM HONG KONG GOVERNMENT OFFICE

ADDRESSED TO GOVERNOR HONG KONG TELNO HK445 OF 17 MARCH.

TEXT IS AS FOLLOWS

FOR DAVIES FROM CHAN

BRITISH NATIONALITY BILL

See (170

YOU ASKED FOR INFORMATION REGARDING T.S. LO'S QUESTION

IN EXCO TODAY ABOUT HONG KONG STUDENTS WHO HAD CLOCKED

UP FIVE YEARS'S RESIDENCE IN THE UK BUT WHO HAD RETURNED TO

HONG KONG SINCE.

2. AS FAR AS VICTOR CHANN IN THIS OFFICE AND I HAVE BEEN ABLE TO MAKE OUT, A HONG KONG CUKC STUDENT WHO ARRIVED IN THE UK PRIOR TO 1 JANUARY, 1973 (THE DATE ON WHICH THE IMMIGRATION ACT 1971 CAME INTO EFFECT) WOULD HAVE HAD HIS LANDING RESTRICTIONS REMOVED AFTER FIVE YEARS AND WOULD HAVE THEREUPON BEEN ENTITLED TO A UK-ISSUED PASSPORT WITH ENDORSEMENT OF PATRIALITY OR TO HAVE A CERTIFICATE OF PATRIALITY ENDORSED ON HIS HONG

KONG ISSUED PASSPORT. EITHER WAY HE WOULD HAVE THE RIGHT OF ABODE IN THE UK. HE SHOULD STILL BE ABLE NOW TO OBTAIN A CERTIFICATE

OF PATRIALITY, UNDER SECTION 2(1)(C) OF THE 1971 ACT, EVEN IF

HE HASRETURNED TO HONG KONG.

3.

A HONG KONG CUKC STUDENT WHO ARRIVED IN THE UK AFTER 1 JANUARY, 1973 WOULD NOT, AS A MATTER OF POLICY UNDER THE UK IMMIGRATION RULES 1973, HAVE HAD HIS LANDING RESTRICTIONS REMOVED. HE

COULD IN THE PAST APPLY FOR VARIATION OF CONDITIONS AFTER ENTRY BUT THIS IS NO LONGER POSSIBLE SINCE THE 1980 IMMIGRATION RULES CAME INTO EFFECT.

• CONFIDENTIAL

/ 4.THOSE

147

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