TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 170

E.R.

We appreciate that those who have held a passport with the "readmission" endorsement may feel aggrieved at losing the entitlement when the passport expires. As I understand it this is already what happens to a Hong Kong CUKC who, having been admitted or accepted for settlement, obtains a United Kingdom passport with the "readmission" endorsement on that basis, but then returns to Hong Kong and obtains a dependency passport. Neither paragraph 5 of the Rules nor, as far as we know, any instruction in DSP would permit the use of the "readmission" endorsement in this type of case. What we are suggesting in the case of those who have held United Kingdom passports issued before 1 January 1973 is that if they subsequently obtain a "readmission" passport in the United Kingdom the entitlement should lapse if they revert to dependency passports, and that they should never be given the "readmission" endorsement in the first place if the first renewed passport is a dependency one. I do not think there can be any justification for continuing their readmissible status indefinitely, given that we would not do so if the entitlement derived from their being admitted for settlement.

The assurance given by Lord Goronwy-Roberts was that citizens of the United Kingdom and Colonies at present free from immigration control would retain this right under the nationality legislation discussed in the previous administration's Green Paper. He seems to have been referring to the intention that British citizenship, carrying with it the right of abode, should be conferred on citizens of the United Kingdom and Colonies with the right of abode at commencement. The commitment then made is honoured by the Nationality Bill (with one small exception which does not affect Hong Kong). The entitlement to readmission applies only to those who are subject to immigration control, and derives from the Rules. The Nationality Bill will not affect their immigration status, since they will continue as before to be subject to control.

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