TNAG-1395-FCO40-1867-Future-of-Hong-Kong-Parliamentary-debates-1985 — Page 61

CONFIDENTIAL

HMG is doing too much

The arguments of those who think we are doing too much are likely to centre on the retention of British nationality, and the benefits

that nationality carries with it. Some could argue that it is wrong to perpetuate a situation in which persons who do not have the right of abode in the UK nevertheless hold a a form of British nationality.

Others could argue that it is wrong for persons who derive their

British nationality from a connection with a Dependent Territory to continue to hold such nationality when that territory itself ceases

to be British. Still others might argue that the benefits to be enjoyed by those who hold the new form of nationality should be far

less than those enjoyed by BDTCs.

to

Ministers will wish to rebut these arguments forcefully. They may

refer to the very great

very great importance attached by Hong Kong people

the retention of their nationality status and to the clear

reassurance on this point already provided in the UK Memorandum.

That Memorandum represents a political commitment which HMG are

bound to uphold. Moreover it has been made clear to the Executive Council of Hong Kong that the benefits of the new status will be the

same in all major respects as

those now enjoyed by BDTCs, except for

the loss of transmissibility. There can be no going back on these

commitments.

Some members who think we are doing too much for the people of Hong

Kong may also try

try to write into the Bill an explicit provision that the new form of nationality will not carry the right of abode in the

UK.

This is quite unnecessary. The UK Memorandum makes it clear that the new form will not carry with it the right

right of abode

of abode in the UK.

There is no need to legislate on the point; to do so might be taken

as a gratuitous insult in Hong Kong. Moreover Ministers may also say that the powers in the Bill as drafted could not subsequently be

used to confer the right of

of abode in the UK on anybody. This is

because:

(i)

paragraph 2(2) requires a a "new" status to be created and the

Immigration Act 1971 only confers

a right of abode on existing categories of persons, and

CONFIDENTIAL