TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 51

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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 оп 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).

In addition

objections to

there are well founded

provisions into nationality legislation.

HMG is doing too little

It 1 S

i

introducing

immigration

considered unlikely that there will be

there will be any significant body of

opinion in favour of giving all who hold

hold the new status the right of

abode in the UK. There may be some 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.

Some Lords, while agreeing that

BDTCs the right of abode in the

leave Hong Kong should be able to come

wish. Ministers will wish

to take the

to single out Hong Kong BDTCs as a group for

it would be wrong to give Hong Kong

UK, may argue that those who want to

settlement if they

treatment.

here for

line that

The whole emphasis of the agreement

it would be wrong

such favourable

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 come here will therefore generally have 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

It 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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