TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 135

CONFIDENTIAL

HMG is doing too much

centre

on

The arguments of those who think we are doing too much are likely to

the retention of

and British nationality,

the benefits

that nationality carries with it. Some could argue that it is wrong to perpetuate a situation in which persons who do not have the right of abode in the UK nevertheless hold a a form of British nationality

•

Others could argue that it is wrong for persons who derive their

British nationality from a connection with a Dependent Territory to continue to hold such nationality when that territory itself ceases

be British. Still others might argue

to that the benefits

be

enjoyed by those who hold the new form of nationality should be far less than those enjoyed by BDTCs.

to

Ministers will wish to rebut these arguments forcefully. They may

refer to

the very great importance attached by Hong Kong people to the retention of their nationality status and to the clear

in this point already provided on

the UK Memorandum.

HMG which

reassurance

political a

commitment

are

That Memorandum represents

bound to uphold. Moreover it has been made clear to the Executive Council of Hong Kong that the benefits of the new status will be the

same in all major respects as

those now enjoyed by BDTCs, except for

the loss of transmissibility. There can be no going back on these

commitments.

Some members who think we are doing too much for the people of Hong Kong may also try to write into the Bill an explicit provision that the new form of nationality will not carry the right of abode in the

UK.

This is quite unnecessary. The UK Memorandum makes it clear that

the new form will not carry with it the

the right of abode in the UK. There is no need to legislate on the point; to do so might be taken

as a gratuitous insult in Hong Kong. Moreover Ministers may also say that the powers in the Bill as drafted could not subsequently be

used to confer the right of

of abode in the UK on anybody. This

because:

(i)

is

status to be created and the

a right of abode on existing

"new" paragraph 2(2) requires a

Act Immigration

1971 only confers categories of persons, and

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