TNAG-1201-FCO40-1503-Cases-of-immigration-from-Hong-Kong-to-the-UK-1982 — Page 8

HOME OFFICE

QUEEN ANNE'S GATL

LONDON SWIH QAT

You asked me to provide some details of the requirements for entry to the United Kingdom for a prominent Hong Kong businessman, and also to advise on the possibility of his being granted British Citizenship.

Those who do not, as British citizens, have the right of abode in the United Kingdom may qualify for entry as businessmen or as persons of independent means. As well as having possession of sufficient disposable funds, applicants have to demonstrate a close connection with the United Kingdom or show that their admission would be in the general interests of the country.

I attach a copy of paragraphs 35-38 of the current Immigration Rules. These explain what the categories of businessmen and self-employed persons mean. The figures for disposable funds in paragraphs 35 and 38 will be raised to £150,000 and £15,000 respectively with effect from 1st January 1983 as a result of the proposed changes to the Rules currently before Parliament. Leave to remain as businessman or a person of independent means is normally granted for periods of twelve months at a time and the time limit may be removed after four years.

The correct procedure is to lodge an application with the Immigration Department in Hong Kong or any of our Missions in other countries. No categorical assurances can be given in advance that a person will qualify for entry into the United Kingdom.

From what you have said it seems likely that the gentleman in question became a citizen of the United Kingdom and Colonies by naturalisation in Hong Kong. If that is so and he is still a citizen of the United Kingdom and Colonies he will become a British Dependent Territories citizen when the British Nationality Act 1981 comes into force on 1st January 1983. In these circumstances if he were to come here it would be open to him in due course to make an application for registration as a British citizen under section 4 of the British Nationality Act 1981.

As explained in the enclosed leaflet BN12 this provides an entitlement to registration to, among others, British Dependent Territories citizens who have been resident in the United Kingdom

The Rt. Hon. The Lord Shepherd

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for five years at the time of application. Absences of 450 days in the qualifying period of five years, including up to 90 days in the year succeeding the application, are allowed and there is discretion in special circumstances to allow longer periods of absence. However applicants are required to be in the United Kingdom at the beginning of the period of five years ending with their application unless they are settled here immediately before the commencement of the Act on 1st January 1983.

As explained in the leaflet the Home Secretary has discretion, in special circumstances, to register an applicant who has been in Crown Service under the government of a dependent territory or who has been a member of a body established by law in a dependent territory to which appointments are made by or on behalf of the Crown. Applications under this section must be made to the Governor of the dependency concerned. If therefore the businessman in question thinks he might qualify on these grounds he should in the first instance write to the Governor of Hong Kong.

As regards the question of the difficulties that have arisen on passports issued in Hong Kong the government have decided that the word 'British' will be inserted in all British Dependent' Territory Citizen passports, as requested by Hong Kong. This will be followed by the words 'British Dependent Territories Citizen' and the name of the Territory. This change was announced in the

Legislative Council of Hong Kong by the Chief Secretary on 24th November.

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