TNAG-1086-FCO40-1336-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 158

Hreve 340 | 1

RECOMMAN

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Foreign and Commonwealth Office London SW1A 2AH

UNCLASSIFIED

L M Davies Esq CMG OBE Secretary for Security Government Secretariat HONG KONG

Telephone 01- 233 3184

Your reference

(38) in CR16/2091/79

Our reference

HKK 340/1

Date

13 October 1981

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Dean Dim

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ENTITLEMENT TO RE ADMISSION TO THE UNITED KINGDOM

1.

See 449

481 putt

HKK 340/18

Patrick Williamson wrote on 5 June to John Chan about your letter of 21 April. I am sorry we have taken so long to reply. We now have comments from the Home Office.

2.

1982

The assurance given by Lord Goronwy Roberts in 1977 referred to those Citizens of the United Kingdom and Colonies (CUKCS) who are at present free from immigration control. Such CUKCs (ie those who have the right of abode under Section 2 of the Immigration Act

1971) will, under the present British Nationality Bill, become British Citizens free of immigration control.

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3. Those CUKCs having entitlement to re-admission to the United Kingdom, although given leave to remain here for an indefinite period, are not at present free of immigration control because they are not patrial under Section 2 of the Immigration Act 1971. They are required, unlike patrial citizens, to seek leave to enter the United Kingdom; they are not exempt from deportation and they are not entitled to free movement within the European Community. The Nationality Bill will not affect their immigration status and, whether they become Citizens of British Dependent Territories or British Overseas Citizens, they will continue to be subject to control.

4. As to the ruling (referred to in paragraph 3 of your letter)

entitled to re-admission' endorsement should not be placed in Hong Kong passports, the Home Office point to paragraph 5 of the Immigration Rules (HC394) from which this entitlement is derived. Re-admission is clearly conditional upon the passenger holding (not upon his having held) a United Kingdom passport as defined in paragraph 5. It follows that the endorsement should be made only in such United Kingdom passports and not in those issued by or on behalf of the government of a Dependent Territory.

5. There remains, however, the question of past practice, which we are pursuing separately with the Home Office. This concerns those Hong Kong belongers who have been given the 'entitled to re-admission' endorsement in their Hong Kong passports issued after 1 January 1973

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