TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 156

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which makes certain changes in the Immigration Act 1971. The intention is that a person shall be relieved of the need to prove that he has the right of abode by means of a certificate of entitlement if he claims to be a British citizen and produces a United Kingdom passport describing him as such a citizen or as a CUKC with the right of abode. When the wording of the definition was agreed, we established that it would not affect the definition of United Kingdom passport for the purposes of the Immigration Rules on which we have always relied, and which of course excludes a Dependant Territory passport.

Secondly, as I understand it whether the Secretary of State will issue Dependant Territory passports is a matter still under consideration. It is far from established by the definition in the Act that BDTC passports will be issued by our Passport Office in London.

None of this helps in answering Hong Kong's specific request for confirmation that those who now have an entitlement to readmission will, in every case, retain it when they have obtained BDTC passports. We have not yet decided precisely how to recast paragraph 5. Alan Cambridge has seen copies of my correspondence with Pat Paterson about one of the relevant considerations. It is bound to be sometime before we make much progress with this, and ultimately the new Rule will have to be determined by Ministers. I think at this stage we must say that it is too early to give Hong Kong the unqualified confirmation they request, but that we are fully seized of the point they make and will keep them in touch with our thinking on the form of the provision to replace paragraph 5. (Although we have not said so publicly, our intention to publish a White Paper of changes in the rules later this year will give everyone a full opportunity to comment).

A COGBILL

5 February 1982