TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 9

G.S. 166

CONFIDENTIAL #

機密

For discussion

on 30 November 1982

HKK 341/3 (1983

XCC(82) 146 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

Immigration Ordinance (Chapter 115)

.3.7...

HKK 341|4

IMMIGRATION (AMENDMENT) (NO 3) BILL 1982

Introduction

341/4

PA

71. AF13/12 Андре

The purpose of this memorandum is to seek the advice of Members whether the Immigration (Amendment) (No 3) Bill 1982 at the Annex should be introduced into the Legis- lative Council.

5

2

(a)

(b)

The Bill seeks -

to subject. non-Hong Kong belongers born here after 31 December 1982 to immigration control; and

to amend the definition of Vietnamese refugee in order to accord children born to Vietnamese refugees after 31 December 1982. the same status as their parents.

Immigration control

3

At present, with minor exceptions, that is the children of accredited diplomats and enemy aliens, all persons born here, including the children of Vietnamese refugees, are belongers. This means that they have an absolute right of abode in Hong Kong. As such, they can not be

4

(a)

(b)

removed or deported; or

subjected to immigration examination, other than on arrival or prior to departure, or have conditions of stay imposed upon them.

However, consequential to the British Nationality Act 1981 and subject to the enactment of the Immigration (Amendment) (No 2). Bill 1982, a child born in Hong Kong after 31 December 1982 will be a belonger by birth only if at least one parent is either -

a British Dependent Territories citizen (BDTC) by connection with Hong Kong; or

(a)

(b)

settled (*) in Hong Kong.

(*)

'Settled means ordinarily resident without

being subject to any restriction on the period for which he/she may remain.

CONFIDENTIAL

機密