TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 159

CONFIDENTIAL

Foreign and Commonwealth Office London SW1A 2AH

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

muclist fie.

Telephone 01- 233 4381

Your reference

Our reference

Date

S

BUY weeks

€21/1

Noted AF 2111

•

Acted

BU 2 weeks #13 Вигуску

EGE 313.

MARTIN,

20 January 1982

HKK Syoli

RECEIVED IN REGISTRY NO. 51 2 1 JAN 82

Au 2 weeks

GE

1813

Noted

AF 18/3

INDEX

DESK OFFICER

PA

HEDSTRY Action Taken

BNA 1981 AND RIGHT OF ABODE IN DEPENDENT TERRITORIES

1. In our telegram Personal 1 of 16 February 1981 to Grand Cayman we asked whether, when the new law comes into force, there was likely to be any difficulty in amending your Immigration Ordinance to grant the right of abode to all those who become British Dependent Territories' Citizens by reason of a connection with Hong Kong. In your telegram 396 of 9 April 1981 you indicated that you preferred not to pursue the matter at that stage.

2.

213

Ministers intend that the commencement date of the British Nationality Act 1981 will be 1 January 1983, Part II of the Act sets out clearly those categories of persons who will acquire British Dependent Territories citizenship (BDTC) after commencement and those who will become BDTC at commencement. Generally they fall into the following categories:

Permanent Arrangements

(i)

(ii)

(iii)

(iv)

―

Persons born after commencement

Persons born in a dependent territory to a parent (mother or father) who at the time of birth is a BDTC;

Persons born in a dependent territory to a parent who although not a BDTC is settled in the territory;

Persons born outside the dependent territories to a parent who is at the time of birth, a BDTC otherwise than by descent;

Persons registered or naturalised under any of the provisions of Sections 17-22 of the Act.

Transitional Arrangements

Act

· (i)

(ii)

Persons born before commencement of the

Those citizens of the United Kingdom and Colonies (CUKC) who derive their citizenship from their birth, registration or naturalisation in a dependent territory;

those CUKCs whose parent (father or mother) is in category (i) above;

CONFIDENTIAL

/(iii)

LOKKEN