TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 127

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

citizenship on Falkland Island BDTCs because of their particular

role in the South Atlantic hostilities. Made clear during passage

of the Act that their situation was wholly exceptional, and that

this did not provide a precedent for other Dependent Territories.

The majority of the Falkland Islanders were already British citizens

because they were previously CUKCS with the right of abode in the UK

through their parents or grandparents.

People closely

Not appropriate to draw a parallel with Gibraltar. British

citizenship has not been conferred on Gibraltarians.

connected with Gibraltar are BDTCs. They have an unconditional

entitlement to registration as British citizens because they fall to be treated as UK nationals for European Community purposes.

[IF RAISED: OBLIGATIONS UNDER INTERNATIONAL LAW TO GRANT RIGHT OF

ABODE TO NON-CHINESE BDTCS]

The Government does not consider that under international

is

law there

an obligation on it to grant the right of abode in the UK to all

persons who hold some form of British nationality.

The agreement specifically provides for all those who have made

their home in Hong Kong to have the right of abode there. The

Government believes the agreement is such that people will not wish

to leave Hong Kong.1

part

If I may

summarise the Government's position, it is that to give

right of abode to one

the BDTC community in Hong Kong is

neither desirable nor necessary. It i s not necessary because the agreement provides a satisfactory basis for all residents of Hong Kong to continue to lead their normal lives there after 1997 and

because the provisions which we propose on statelessness should be

sufficient to alleviate any anxieties on that score. It is not

desirable because it would divide the BDTC community in Hong Kong

against itself, and would undermine confidence in the future.

I should further say in conclusion

be

no right of abode does not

that the fact that there should

me an that it would be impossible for

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