TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 66

ie.

9(1)

(·)

I

HICK 340/1

CONFIDENTIAL

RECEIVED IN RASURY PA. 51.

2

DECK OFFICER

1931

REGIS

布政

香港

DEX

* Our Ref.:

+387

*YOUR Ref.:

مل

R.D. Clift Esq.,

Act

PG0 10110

OR 16720917 II

Enti

228

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

M. Murice

HONG KONG

see 283

Pl. consider curyfully,

There does appear to the

technical

Hong Kong & General Department, mim. But I foresce great

Foreign & Commonwealth Office, London SW1A 2AH.

Deck

difficulty in charging

this.

21st April 1981

&

The reply quickly 24/4

Entitlement to Re-Admission to the

United Kingdom

See 238

(276A

We should be grateful for your help in meeting one further erosion which has come to light in the examination of some particular

cases.

2.

See (382)

411

A CUKC who was exempt from immigration control under the Commonwealth Immigrants Acts 1962 and 1968 on the grounds that he held a UK passport issued in the British Isles without an endorsement that it was issued on behalf of the Hong Kong Government, ceased to be so exempt after the Immigration Act of 1971 came into force on 1st January 1973. However holders of such passports retained their legal right to be freely re-admitted to the UK under para. 5 of the Immigration Rules. The passports held by this category of people bear the endorsement "Holder is entitled to re-admission to the United Kingdom"

3.

See Hik 340/1

178

1982.

According to instructions contained in Appendix 11 of Volume 25 of Diplomatic Service Procedure such endorsements could be transferred to dependent territory passports. On 17th March 1981 the Home Office advised our Immigration Department by telex CWI/73 1230/302/3 that only holders of UK passports may be entitled to "re-admission" endorsement and such endorsement may not be transferred from UK to Hong Kong passports.

4.

Under clause 9(1) of the Nationality Bill a Hong Kong CUKC old Claver who does not have the right of abode in the UK will not acquire

British citizenship when the Bill comes into operation and therefore will no longer be entitled to a UK passport. Under the new Home Office ruling he will therefore lose the entitlement to re-admission to the UK as the "re-admission" endorsement will not be transferred to his CBDT passport.

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