TNAG-1190-FCO40-1492-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 100

BACKGROUND

CONFIDENTIAL COVERING SECRET 3. Since the inception of the new policy on citizenship,

leading to the passing of the British Nationality Act 1981

Hong Kong have been concerned at the removal of CUKC

status from residents of dependent territories. They

have seen the changes as representing a weakening of the

links between the UK and Hong Kong, at a time of increas-

ing uncertainty about the territory's future.

4. During the passage of the Bill in Parliament Hong

Kong sought a number of concessions. Some of these were

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agreed or alternatively changes were made. which partly met

Hong Kong's requests. They were subsequently applied to

all dependent territories.

were that:

The most significant of these

5.

а.

b.

a third category of citizenship, British Dependent Territorie citizenship (BDTC) was included in the White Paper and the Bill. It had been the Government's original intention to confer British Overseas citizenship on those present citizens of the United Kingdom and Colonies who will not acquire British citizenship (BC) on 1 January 1983.

BDTCS became eligible for registration as British citizens, a symbolic improvement over the position of aliens who will need to apply for naturalisation.

This

Hong Kong, accepting that CUKC would not be maintained, also pressed hard for an alternative status to BDTC which would emphasise the continuing link with Britain, eg British (Hong Kong) Citizen. ran counter to the basic purpose of the Act, which was to relate

The Hong Kong British Citizenship' to the right of abode in the UK. proposal was not accepted by HMG on the grounds that there would not be sufficient distinction from British Citizen and that there might be confusion over rights of entry to the UK, although Hong Kong fully accepted that there was no question of their receiving that right. (It has been agreed, however, that in describing 'National status' BDTC passports will show the name of the relevant dependent territory immediately below the words 'BRITISH DEPENDENT TERRITORIES CITIZEN').

6. In October last year Lord Geddes introduced an amendment to the Nationality Bill on behalf of Hong Kong which, if successful, would have conferred the status 'British national' on all DTCS and British Overseas citizens. The amendment was defeated by only 3 votes in the Lords. Since then the question of the right of BDTCs in Hong Kong to be described as British or United Kingdom nationals in passports has been vigorously pursued by the llong Kong Government and by Executive and Legislative Councillors. In July this year their Attorney General submitted a paper claiming to justify the legality of the inclusion of the words 'British' or 'United Kingdom national' In the passports of BDTCs. The FCO had resisted earlier efforts to achieve this on the legal grounds that the status of United Kingdom or British nationals is of relevance only in the sphere of international relations and that the description in the passport must not deviate from the wording in the Act. CONFIDENTIAL COVERING SECRET

17.