TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 32

2

xpectations in th

they would be al

do so, and second,

it would arcu.

inds of those obtaining the passports

to come to this country if they wished

it would make it more difficult to co. que to defend the basis of the present immigration law. m the first point, the Home Secretary does not think i、 necessary to spell out the political and practical objecti ns to arousing expectations of a possible influx of British Overseas citizens from India, or, if things went wrong, of a proportion of the 23 million people in Hong Kong who will be entitled to passports as British Dependent Territory citizens.

On the second point, the position at international law is not entirely clear, but there are not lacking experts who argue that in the last resort a State must permit entry to its nationals into its own territory. Our present immigration laws, which have been challenged as contrary to the European Convention on Human Rights, restrict the entry of our citizens if their connections are solely with a colony or former colony, and after 1 January will grant entry as of right only to British citizens. We do not want to do anything to imply that either British Dependent Territories citizens or British Overseas citizens are 'British Nationals' beyond the restricted sense that they enjoy passport and consular facilities when travelling

overseas.

The Home Secretary recognises that the Hong Kong Government, and some of their supporters in this country, have never liked the new Nationality Act. But it seems to him essential to get away from the sort of terminology which implies that large numbers of people without connections with this country have the right of entry here. To add the words 'British National' to passports just at the time when the term 'Citizenship of the United Kingdom and Colonies' has been abandoned seems to him to negate that purpose, as well as having the dangerous consequences summarised above.

I am copying this letter to John Holmes (FCO).

Love

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C. J. WALTERS

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