TNAG-1843-FCO40-2618-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 116

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

WOZAOR

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NATIONALITY/PASSPORT ISSUES: SUPPLEMENTARY MATERIAL

1 General

LEGISLATIVE BACKGROUND

Nationality and immigration status of Hong Kong British nationals reflects global immigration and nationality policy dating back to 1960s: under Commonwealth Immigrants Act 1962, holders of British and Commonwealth passports not issued by HMG became subject to British immigration control. Under that legislation, great majority of holders of Hong Kong British passports (then "Citizens of UK and Colonies") lost automatic right to enter and live in UK, as they derived status from Hong Kong. Estimated that only a few thousand CUKCS retained right of automatic entry to UK.

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Immigration Act 1971 defined "right of abode" for first time: those CUKCS with close and direct links to UK enjoyed automatic entry. In essence no real change in immigration and nationality status of Hong Kong CUKCS.

British Nationality Act 1981 brought nationality law into line with immigration law. Again little practical effect on status of.

Hong Kong CUKCS. Key change was one of nomenclature: status of British Dependent Territories Citizen (BDTC) created by Act.

Believe that most Hong Kong people accepted, when law changed, and accept now, that there is little chance of law being changed to

give them right of abode here. But they wanted to retain clear form of British nationality. They have this as BDTCS/BN (0)s.

WHY NOT CHANGE LAW TO GIVE HONG KONG PEOPLE RIGHT OF ABODE IN UK?

Provisions of law, including implications for Hong Kong, have

been thoroughly aired and debated in Parliament.

We have no plans to amend British Nationality Act or

Immigration Act.

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