TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 228

We believe the Joint Declaration provides a secure basis for the future

of BDTCs in Hong Kong, whatever their ethnic origin and that taken

together the nationality and right of abode provisions ensure that no

one will be left after 1997 without a nationality and a place to call

their home as a result of the Joint Declaration. The nationality

provisions safeguard non-Chinese BDTCs and their dependants up to about

the middle of the next century. No doubt successive Governments would

be prepared to review the situation if circumstances up to the middle

of the next century and beyond seemed to require it. And in the unlikely

event of any British national being forced to leave Hong Kong, and having

nowhere to go, we would expect the Government of the day to consider

sympathetically whether to admit them on a case by case basis in the

light of their circumstances.

The Indian community, however, has put forward a different proposal.

They would like to be given an entitlement to British citizenship which

carries with it the right of abode in the United Kingdom. In support

of this they argue that they should have the same privilege that was

initially granted the Asian minorities in East Africa. I think perhaps

Mr Sital may have misunderstood what happened to the Asian community

in East Africa. It is true that many Asians born in East Africa retained

citizenship of the United Kingdom and Colonies on the independence of

various countries in that area because they did not automatically acquire

the citizenship of the newly independent country with which they had

connections. For example, some countries conferred citizenship on persons

born in the territory only if a parent was also born there. However,

those persons resident in East Africa who remained citizens of the United

Kingdom and Colonies did not as a consequence acquire the right of abode

in the United Kingdom. They will have become British Overseas citizens

on 1 January 1983, unless of course they qualified for right of abode

by reason of residence in the United Kingdom or through they themselves,

a parent or grandparent having been born, registered or naturalised here.

Similarly, under the 1971 Immigration Act most Hong Kong citizens of

the United Kingdom and Colonies did not have a sufficiently close

connection with the United Kingdom to have right of abode here. Under

the 1981 Act they became BDTCs. As BDTCS they generally have a right

of abode in their dependent territory, but have no right of abode in

the United Kingdom (since the introduction of the 1981 Act on

1 January 1983 right of abode in the United Kingdom can be acquired

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