CONFIDENTIAL
THE GOVERNMENT DOING TOO MUCH FOR HONG KONG?
21.
Clear assurances
Many Hong Kong people attach very great importance to being
eligible to retain their British national status.
have already been provided on this point in the UK Memorandum. This
represents a political commitment which the Government are bound to
uphold.
INCLUDE IN BILL EXPLICIT STATEMENT OF NO RIGHT OF ABODE IN UK?
The UK Memorandum makes it clear
22. This is quite unnecessary.
that the new form of nationality will not carry with it the right of
abode in the UK. To include this in legislation would be taken as a
gratuitous insult in Hong Kong. Moreover, the powers
in
the Bil1 as
drafted could not subsequently be used to confer the right of abode
in the UK on BN(0)s. [Paragraph 2(2) of the Schedule refers to a
new status, and the Immigration Act 1971 only confers a right of
abode on existing categories of persons. Moreover, for the purposes
paragraph 2 (3) such a provision would not be "supplementary,
transitional or consequential" to the natioality provisions of
paragraph 2(1) and (2)].
of
IMPLICATIONS FOR IMMIGRATION TO UK?
BDTCs
in
1997. Those Hong
23. Only estimated 20,000 British citizens in Hong Kong. They have
the right of abode. in UK.
do not have right of abode in the
UK, and will not have it under the new status
Kong residents who are subject to UK im
mmigration control will
normally only qualify to come here if they satisfy the requirements
of the immigration rules.
Our efforts have been directed to
achieving conditions under which people will not wish to leave Hong
Kong.
WHY GIVING A FORM OF BRITISH NATIONALITY TO PEOPLE OF HONG KONG WHEN
THERE WILL NO LONGER BE A CONSTITUTIONAL LINK WITH THE UNITED
KINGDOM?
24. The people in question
merely proposing that they
are already British nationals.
should be able if they wish. to
We are
retain
this status for the rest of their lives. No one will acquire BN(0)
status who is not already a British national.
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