TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 60

CONFIDENTIAL

WOULD BE UNLIKELY TO BE ACCEPTABLE TO THE HOME OFFICE. WE POINTED

OUT THAT UNDER THE UK IMMIGRATION RULES, ONLY A BC OR A COMMONWEALTH CITIZEN WHO IS NOT A BC BUT WHO HAS THE RIGHT OF ABODE

IN THE UK DOES NOT REQUIRE LEAVE TO ENTER, AND THE THRUST OF

THE UK IMMIGRATION SYSTEM WAS GEARED TOWARDS GRANTING

PERMISSION TO ENTER AT THE TIME A PASSENGER SEEKS IT, AFTER TAKING

INTO ACCOUNT THE CIRCUMSTANCES AND INTENTIONS OF THE INDIVIDUAL

CONCERNED AT THE TIME HE SEEKS ENTRY, GRANT OF A VISA OR ENTRY

CERTIFICATE OF WHATEVER VALIDITY WOULD NOT GIVE THE HOLDER A BLANK CHECK FOR AUTOMATIC ENTRY, AND AN AUTOMATIC RIGHT TO LAND ENDORSEMENT WOULD DEROGATE FROM THE DISCRETION OF UK IMMIGRATION OFFICIALS TO

DETERMINE WHO MAY BE GIVEN LEAVE TO ENTER AND SUBJECT TO WHAT

LIMIT OR CONDITIONS. UNOFFICIALS WERE APPARENTLY NOT PERSUADED

BY OUR EXPLANATION.

5. IN THE EVENT THE HOME OFFICE FIND THE PROPOSAL FOR AN ENDORSEMENT

GIVING AN AUTOMATIC RIGHT TO LAND A PERMISSION TO ENTER UNACCEPTABLE

(WHICH WE THINK IS HIGHLY LIKELY TO BE THE CASE), WE SUGGEST THAT

THE HOME OFFICE BE ASKED TO PUT AN ALTERNATIVE ENDORSEMENT ON ALL BN(0) PASSPORTS, ALONG THE LINES THAT THE HOLDER OF THIS PASSPORT DOES NOT PEQUIRE AN ENTRY CERTIFICATE OR VISA TO ENTER THE UNITED

KINDOM AS A VISITOR'.

6. WE PUT THIS ALTERNATIVE TO THE LEGCO AD HOC GROUP BEFORE THE

DEBATE. ALTHOUGH NONE OF THE UNOFFICIALS WHO SPOKE DURING THE

DEBATE OPENLY COMMENTED ON IT, WE STILL THINK THAT THE BEST WAY

FORWARD LIES IN PURSUING IT BECAUSE

(A) DESPITE OUR REPEATED CLARIFICATION THAT BDTCS ARE NOT REQUIRED TO HOLD ENTRY CERTIFICATES TO GO TO THE UK AS VISITORS OP STUDENTS, THERE REMAINS WIDESPREAD MISUNDERSTANDING (AS SEEN FROM PRESS

COMMENTS AND DISTRICT BOARD DISCUSSIONS) THAT HONG KONG BDTCS APE REQUIRED TO OBTAIN VISAS OR ENTRY CERTIFICATES FOR VISITING THE UK.

THUS THEY ARE BEING TREAED BY THE UK IN AN MORE DISCRIMINATORY

MANNER THAN BY MANY EC COUNTRIES. THIS SUBJECT HAS BECOME A

HIGHLY EMOTIONAL ONE WHICH DEFIES RATIONAL ANALYSIS. AN ENDORSEMENT TO THE EFFECT THAT A BN(0) PASSPORT HOLDER DOES NOT

REQUIRE A VISA OR ENTRY CERTIFICATE TO ENTER AS VISITOR WOULD PUT

PAID TO SUCH MISAPPREHENSION:

(B) AS SUCH AN ENDORSEMENT WOULD BE A STATEMENT OF FACT, IT DOES NOT RUN COUNTER TO THE UK IMMIGRATION RULES AND SHOULD STAND A FAIR CHANCE OF BEING ACCEPTED BY THE HOME OFFICE. (FROM MR. ALAN CAMBRIDGE'S VISIT TO THE IMMIGRATION DEPARTMENT LAST YEAR, WE UNDERSTAND THAT HE HELD THAT BDTCS SHOULD BE ENCOURAGED TO APPLY FOR ENTRY CERTIFICATES FOR VISITS TO THE UK. BUT SUCH A FACTUAL

DESCRIPTION OF THE POSITION UNDER THE IMMIGRATION RULES SHOULD NOT IN OUR VIEW CONFLICT WITH ANY HOME OFFICE DOCTRINE ABOUT ENCOURAGING

THE USE OF PRIOR ENTRY CLEARANCES):-2

CONFIDENTIAL

10.

Page 60Page 61