TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 132

ADENTIAL

ELIGIBILITY FOR ADMISSION OF DEPENDANTS OF THOSE GIVEN UNDERTAKINGS

Generally to qualify for admission dependants will need to be eligible in their own right under the Immigration Rules. Exceptionally an application outside these criteria would be considered on compassionate grounds. The Home Secretary may exceptionally exercise his discretion to admit an individual

outside the rules.

ZIF PRESSED:

Discretion might be exercised, depending on the

facts of the particular case, in favour of an unmarried child who had remained dependent on his or her parents and who would have no other close relatives to turn to in Hong Kong.7

THE EXTENT OF HMG's OBLIGATION TO ADMIT NON-ETHNIC CHINESE BNOS

of restring the

ne who

The Government does not consider that under current public

international law there is a clear obligation on it to admit

in UE. N.K those of its nationals who do not have the right of abode 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. Đ

nationan

FOR USE ONLY IF PRESSED: The Government does not accept that it owes a clear duty to accept its nationals under the hypothetical circumstances of their being put under pressure to leave Hong Kong. However were that situation to arise, individual cases where a person had already established close ties with this country, might be considered on a case by case basis.]

POSITION OF NON-ETHNIC CHINESE HONG KONG RESIDENTS WHO ARE NOT BDTCs: Apart from

Vietnamese refugees, the bulk of these consists of an estimated 8,000 people of

ethnic Indian origin who hold Indian nationality. They are not BDTCs. The nationality provisions of the Bill will not therefore (effect those of them or

their children who remain Indian nationals, and who do not become BDTCs before

July 1997.