TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 187

E.R..

COMMENTS ON PART I OF DRAFT WHITE PAPER

Annex

Children born in the United Kingdom

The provisions in the 1981 Act under which a small number of

children born in the United Kingdom will no longer be British

citizens at birth were strongly attacked by the Opposition. The

relevant Rules will be scrutinised closely. They follow, however, the approach which we indicated to Parliament we would adopt, by

allowing such children to be given leave to enter or remain in this country on the same conditions as their parents, and I con- sider they are fair and reasonable. If parents are here unlaw-

fully a child will not normally be given leave to enter or remain, but in certain cases a child could be admitted for a short period.

If a child had remained here he would not be removed without his

parents: The draft Rules include provision for special cases

where there are genuine compassionate circumstances.

Husbands and fiances

The text of the relevant Rules was approved by H Committee

on 14 June.

Businessmen, self-employed and persons of independent means

Persons may at present qualify under the Rules if they have

£100,000 capital or income of £10,000 a year. These limits were

agreed when we were considering the 1980 Rules and in the case of

the income limit, at least, were rather low at that time.

proposed increases take account of subsequent inflation.

Nationals of European Community countries

The

As indicated in H(82) 28 the changes are necessary, to meet objections to the existing Rules by the Commission and spell out

more clearly the right of EC nationals under the Treaty of Rome. I propose to take the opportunity to end the arrangements under

which Community nationals, admitted for more than six months but

not yet accepted as permanent residents, have to register with the police. The present Rules have no advantages for immigration

control so far as these nationals are concerned since there is no

legal sanction if they fail to register. Moreover, Community nationals cannot be charged as other nationals are for registra- tion. The requirement on Community nationals to obtain Residence Permits will continue to apply.