TNAG-1849-FCO40-2624-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 123

14.

a)

British passport holders who had previously been issued with UK passports in the United Kingdom and Islands or the Irish Republic prior to 1 January 1973 indicating that the holders had been exempt from control under the Commonwealth Immigrants Act 1962; and

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.

15.

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)

16. The United Kingdom Memorandum associated with 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 continue after that date to use

passports issued by the UK Government. So far as UK law is concerned, the position is as follows.

17.

Provision for creating the new status, to be called British National was made by paragraph 2(1)(b) of the Schedule to the Hong Kong

(Overseas),

Act 1985.

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