TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 219

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(i)

paragraph 2(2) requires a "new" status to be created and the Immigration Act 1971 only confers a right of abode on existing categories of persons, and

(ii) for the purposes of paragraph 2(3) such a provision would not be "supplementary, transitional or consequential" in relation to the

nationality provisions of paragraph 2 (1) and (2).

there are well founded

provisions into nationality legislation.

HMG is doing too little

I t

objections to

introducing

In addition

immigration

is considered unlikely that there will be any significant body of

opinion in favour of giving all who hold the new status the right of abode in the UK. There may be s ome Lords however, who will press

for this right to be accorded to those BDTCs who are not Chinese

nationals. Ministers may wish to point out in reply that BDTCs who

are not Chinese nationals but who have made their home in Hong Kong

are able to retain their right of abode there (Joint Declaration,

Annex I, Section XIV). Ministers might also wish to emphasise that

all Hong Kong BDTCs, whatever their ethnic origin, will be able to acquire the new nationality status and use it for travel purposes.

to

Some Lords, while agreeing that it would be wrong to give Hong Kong

BDTCs the right of abode in the UK, may argue that those who want

leave Hong Kong should be able to come here for settlement if they wish. Ministers will wish to take the line that it would be wrong

to single ou t Hong Kong BDTC s as a group for such favourable

treatment. The whole emphasis of the agreement has been towards

creating a secure future for Hong Kong and an environment in which its people can continue to live with confidence. Those former BDTCs

who wish to

to come here will therefore generally have to

to satisfy the

requirements of the Immigration Rules.

[If pressed, reference can be made to those to whom undertakings have or will be given that they may come here for settlement].

ACQUISITION OF NEW STATUS AND BENEFITS TO BE ENJOYED

I t

is possible that Lords will press for specific statements to be made in the Bill about the procedures for the acquisition of the new

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