TNAG-1190-FCO40-1492-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 5

CONFIDENTIAL # PA

機密

(133

For discussion

XCC(82) 114

on 30 September 1982

Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

BRITISH NATIONALITY ACT 1981 (CONSEQUENTIAL AMENDMENTS) BILL 1982

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it of 80

HKK 340/|

Introduction

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A

LA

Арган

The purpose of this memorandum is to seek Members' advice on whether the British Nationality Act 1981 (Consequential Amendments) Bill 1982 at Annex A, should be introduced into the Legislative Council. The main object of this Bill is to amend Hong Kong legislation by substituting, where necessary, the appropriate new citizenship terminology adopted in the British Nationality Act 1981 (BNA 1981).

Background

2

The BNA 1981 will come into force on 1 January

1983. Under the BNA 1981:

3

(a)

(b)

(c)

(d);

"citizenship of the United Kingdom and Colonies" is replaced by three separate citizenships, i.e. British Dependent Territories, British, and British Overseas;

:

:

"British subject", which, historically, has denoted the common status of all people connected with the Commonwealth, but which, by 1980, was used to describe this status in nationality.only by the United Kingdom and Australia, is retained, but only in respect of a few and very limited categories of person, e.g. a person who before 1 January 1949 was both a citizen of Eire and a British subject;

the collective citizenship for persons belong- ing to the Commonwealth is "Commonwealth citizen". Such a citizen is a person having one of the three new citizenships mentioned in sub-paragraph (a) above, a British subject as mentioned in sub-paragraph (b) above, or a citizen of a Commonwealth country; and

"British protected person" is retained.

see (134)

The main implications for Hong Kong of the changes mentioned in paragraph 2(a) to (c) are being dealt with separately

!

in the Immigration (Amendment) (No 2) Bill 1982 in memorandum XCC(82)111. However, there is need to :

644

G.S. 166

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