TNAG-1192-FCO40-1494-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 2

with the British Dependent Territories will become British Dependent Territories citizens (BDTCs); and

(b) children born in Dependent Territories on or

after 1 January 1983 will not necessarily

be BDTCs and belongers. For example,

children born in Hong Kong to -

(i)

parents both of whom are post-

CHAMPION illegal immigrants will be neither BDTCs nor belongers;

(ii) parents both of whom entered Hong

Kong as pre-CHAMPION illegal

immigrants and who have neither been legally resident for seven years nor become BDTCs will be neither BDTCS nor belongers;

(iii)

an illegal immigrant mother and an unknown father will be neither BDTCs nor belongers;

(iv)

A

5

Vietnamese refugees will be neither BDTCs nor belongers.

Consequently, and irrespective of whether

or not

amendments are made to Hong Kong legislation an automatic effect of the BNA 1981 will be to reduce the numbers of persons acquiring belonger status by birth.

Immigration (Amendment) (No 2) Bill 1982

6

The principal object of the Bill is to amend the Immigration Ordinance (Chapter 115) to provide that from

1 January 1983 no person shall become a Hong Kong belonger, that is a person with an absolute right of abode in Hong Kong, unless as a condition precedent he is a BDTC by connection with Hong Kong. This is a narrower definition than that presently obtaining.

7

If the Immigration Ordinance is not amended then, generally, the existing definition of a belonger will be retained and, accordingly, any Commonwealth citizen who is born in Hong Kong, is naturalised in Hong Kong, is married to a belonger or is born to a belonger on or after 1 January 1983 will acquire belonger status even though he will not necessarily be a BDTC by connection with Hong Kong.

8

This means, for example, that irrespective of whether or not they are BDTCs by connection with Hong Kong the following will be belongers