TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 33

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

CONFIDENTIAL

THE GOVERNMENT DOING TOO MUCH FOR HONG KONG?

21. Many Hong Kong people attach very great importance to being

eligible to retain their British national status. Clear assurances

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?

22. This is quite unnecessary.

The UK Memorandum makes it clear

that the new form of nationality will not carry with it the right of

abode in the UK. Το include this in legislation would be taken as a

gratuitous insult in Hong Kong. Moreover, the powers in the Bill as

drafted could not subsequently be used to confer the right of abode

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

of paragraph 2 (3) such a provision would not be "supplementary,

transitional or consequential" to the natioality provisions of

paragraph 2(1) and (2)].

in

IMPLICATIONS FOR IMMIGRATION TO UK?

23.

Only estimated 20,000 British citizens in Hong Kong. They have

the right of abode in UK. BDTCs do not have right

have right of abode in the

UK, and will not have it under the new status in 1997. Those Hong

Kong residents who are subject to UK immigration control will

normally only qualify to come here if they satisfy the requirements

of the immigration rules.

achieving conditions

Our efforts have been directed to

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

KINGDOM?

CONSTITUTIONAL LINK WITH THE UNITED

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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