*17 MAY '89 16:26 INDB4 LUNAR HOUSE 01 760 2822
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13.
b) British Overseas citizens who hold passports,
wherever issued, and
who have, since the coming into force of the Commonwealth Immigrants Act 1968, been given indefinite leave to enter or remain in the United Kingdom.
It follows that entitlement to the "right of readmission" endorsement for Hong Kong BDTCS/BN(0)s would be available only to those who had been present in the UK at some stage prior to the coming into force of the Immigration Act 1971 and had been issued here with a passport confirming the holder's exemption from the 1962 Commonwealth Immigrants Act which made dependent territory CUKCS (the forerunners of BDTCS) subject to immigration control.
14.
A Hong Kong BDTC/BN(0) without the "right of readmission" who has been granted indefinite leave to enter or remain in the UK will be given indefinite leave to re-enter under paragraph 56 of the Rules if he leaves the UK and returns within 2 years.
The status of British Nationals (Overseas)
15.
The United Kingdom Memorandum attached to the Joint Declaration provided for the creation of an appropriate status which, without conferring the right of abode in the UK, would entitle those who on 30 June 1997 were BDTCs by connection with Hong Kong to continus after that date to use passports issued by the UK Government. It follows that before making a change on the question of right of abode it would be necessary to consult the Chinese government.
16.
So far as UK law is concerned, the position is as follows. Provision for conferring the new status, known as
status,
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was made
17. British National (Overseas), the name chosen for the new formally created by paragraph 2(1)(b) of the Schedule to the Hong Kong Act 1985.
18. Paragraph 2 of the Schedule to the 1985 Act permits the making of an Order in Council which, inter alia, may contain "such supplementary, transitional and consequential provisions as appear to Her Majesty to be necessary or expedient for the purposes of the Order, including provisions amending the British Nationality Act 1981 and any other enactment". The Hong
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