TNAG-1559-FCO40-2123-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 190

HONG KONG IMMIGRATION ORDINANCE

13.

The JCWI pointed out that although the Agreement referred to right of abode in

Hong Kong, the Hong Kong Immigration Ordinance did not in fact contain such a concept.

This was

source of confusion in Hong Kong.

14.

The point was taken. It was explained that the Hong Kong Immigration Ordinance

would be looked at with a view to correcting this anomaly.

CRITERIA FOR NATURALISATION

15.

The JCWI said that the apparent differences in the criteria for naturalisation

trose as British citizens, and that for naturalisation as BDTC was another source of confusion.

The success rate of applicants for British citizenship was about 92%, while that for

BDTC in Hong Kong was about 50%. Most of the refusals were on character grounds, and

the JCWI recognised that Hong Kong had a particular problem of organised crime. Never-

theless the JCWI were concerned about differences in the criteria used. They wondered

whether it would be helpful to issue guidance to dependent territories on the application

of the criteria, in much the same way as guidance was issued to ECOs.

16.

In response it was pointed out that the comparison with the ECOS was not valid.

All ECOS were concerned with the same thing, namely entry into the UK. As far as

naturalisation was concerned, the UK was dealing with British citizenship, while Hong

Kong was dealing with British Dependent Territories citizenship. Although the criteria

were the same in both cases it was for Hong Kong themselves to determine the most

appropriate way of applying those criteria. It was suggested that if the JCWI wish to

pursue this matter they might write to us about it, on the understanding that while

we would consider what they had to say it would not necessarily be appropriate for us

to take any action.

BRITISH DEPENDENT TERRITORIES CITIZENS TRAVELLING TO CHINA

17.

The JCWI recommended that Chinese travel documents should be made available for

those Hong Kong Chinese who were eligible and wished to use them.

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