TNAG-1086-FCO40-1336-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 169

CODE 18-77

SS 8/78

UNCLASSIFIED

Mr McQuade, HKGD (K 247)

ENTITLEMENT TO RE-ADMISSION TO THE JK

Reference..GVM..349/3. HRR 340 17

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DESK OFF

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26.60

407

160 27/10 See (410

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1. Thank you for your minute HKK 340/1 of 30 September. its points seriatim:

a.

b.

c.

we

Taking

It

are content to see paragraph 2 of the draft shortened. does seem to me, however, that Hong Kong is setting undue store by a letter from a Minister of a previous government explaining the proposals in that government's consultative Green Paper. These have been superseded by the proposals of this Government;

the persons in question (ie those entitled to re-admission) are subject to immigration control because they are not patrial (ie do not have the right of abode in the UK) under Section 2 of the Immigration Act 1971. We have expanded para- graph 3 of the draft to draw out the distinction between patrials and those who, while subject to immigration control, have as part of that control - been given the 'entitled to re-admission' endorsement;

the need to take up past practice with the Home Office arises from the fact that, although they have told Hong Kong that the 'entitled to re-admission' endorsement should no longer be placed in Dependent Territory passports, no general instruc- tion to this effect has yet been passed to our passport-issuing authorities. Before such an instruction is circulated we need to ascertain inter alia why such endorsements were placed in Dependent Territory passports in the first place.

The para-

graph is intended to refer to all who have had the endorsement transferred to their Hong Kong passports.

The further revised version of the draft is attached immediately below. As before, I should be grateful to know beforehand if any changes to it are contemplated.

2. Some further comments on this complicated topic might help with the background: -

a.

b.

Hong Kong belongers, according to the Home Office, should never have had the endorsement 'entitled to re-admission' in their passports because they have somewhere else to go (ie Hong Kong) if turned out of a third country. They are thus on a par with any other Commonwealth citizen. But those mentioned in paragraph 5 of the draft do have the endorsement. They are lucky to have 'got away with it' so far.

However, a line has

to be drawn, and we are trying to find out how and where the line will be drawn.

Under the Home Office proposals, Hong Kong belongers (like those of other dependent territories) will not be able to have the 'entitled to re-admission' endorsement (which will only be used for certain UKPH (eg in East Africa or in India) who leave their country of residence to come to the UK and have nowhere else to go). If Hong Kong belongers wish to settle in the UK they will need to apply in the usual way for settlement entry clearance. If admitted for settlement, they would be able to apply for naturalisation after the qualifying residential period.

9 October 1981

4. U Sands

RM Sands

Migration & Visa Dept