TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 21

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SHOULD HAVE THE RIGHT OF ENTRY TO THE UK. TO INTRODUCE THIS TERM

FOR THESE CATEGORIES WOULD CERTAINLY CREATE A FALSE IMPRESSION

AND EXPECTATION WHICH IT WOULD BE EXTREMELY DIFFICULT FOR US TO

REMOVE. (MOREOVER, THERE IS BY NO MEANS UNANIMITY AMONGST LEGAL

AUTHORITIES AS TO WHAT IF ANY RIGHTS OR OBLIGATIONS EXIST BET-

WEEN THE NATIONAL AND THE STATE CREATED BY THE FACT THAT THE

PERSON IS REGARDED AS A 'NATIONAL'.)

3. SIR S Y CHUNG IS OF COURSE ANXIOUS TO BLUR THE DISTINCTION

BETWEEN CITIZENSHIP CATEGORIES WHICH THE NATIONALITY BILL CREATES.

THIS RUNS COUNTER TO HMG'S MAIN AIM IN THE BILL.

4. WHEN THIS QUESTION IS RAISED AGAIN, WE SUGGEST THAT THE SECRETARY

OF STATE SHOULD ANSWER THAT WE SHALL, AS NOW, CONTINUE TO SEEK THE

INCLUSION OF DEPENDENCY BELONGERS IN VISA ABOLITION AGREEMENTS

SO AS TO AVOID MAKING TRAVEL MORE DIFFICULT FOR CBDTS. THE

SECRETARY OF STATE PERSONALLY CONFIRMED TO SIR S Y CHUNG ON

2 FEBRUARY THAT HE WOULD USE HIS GOOD OFFICES ON BEHALF OF

HONG KONG IN THIS RESPECT. WE CANNOT HOWEVER GUARANTEE TO

ACHIEVE FULL FREEDOM OF MOVEMENT, FOR SOME COUNTRIES ALREADY

EXCLUDE HONG KONG BELONGERS FEOM VISA ABOLITION AGREEMENTS EVEN

UNDER THE TITLE CUKC. WE SEE NO REASON WHY FOREIGN IMMIGRATION

-OFFICERS SHOULD NOT RECOGNISE CITIZENSHIP OF THE BRITISH

DEPENDENT TERRITORIES AS A CITIZENSHIP STATUS WHETHER OR NOT THE

NAME OF THE DEPENDENCY IS EXPLICITLY STATED IN THE TITLE. IT

IS OUR INTENTION TO EXPLAIN FULLY AND CLEARLY THE DIFFERENT

CITIZENSHIP CATEGORIES TO ALL COUNTRIES BEFORE THE ACT COMES INTO

FORCE. MOREOVER THE PASSPORT WILL CONTINUE TO HAVE A SIMILAR

FORMAT TO THE PRESENT ONE (E.G. WITH 'BRITISH PASSPORT HONG

KONG' ON THE COVER) SO THAT IMMIGRATION OFFICERS WILL NOT BE

CONFRONTED BY AN APPARENTLY NEW TYPE OF TRAVELLER. ON THE OTHER

HAND WE BELIEVE THAT TO USE AN UMBRELLA TITLE SUCH AS BRITISH

OR UK NATIONAL WHICH COULD WRONGLY BE CONSTRUED AS CONFERRING A

RIGHT OF ABODE IN THE UK COULD CERTAINLY CONFUSE AND MISLEAD

FOREIGN IMMIGRATION OFFICERS. IT WOULD RENDER THE CITIZENSHIP

CATEGORIES LESS DISTINCT, AND THUS WOULD CONFLICT WITH THE

PURPOSE OF THE BILL. THE HOME SECRETARY UNDERSTANDABLY CANNOT

ACCEPT ANYTHING ON THESE LINES.

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