TNAG-1888-FCO40-2681-Visits-from-Hong-Kong-and-China-to-the-UK-1989 — Page 91

FAYAIM(3)

Background

The question of nationality or more specifically the right of abode

in the United Kingdom has long been a sensitive issue and there is

considerable resentment that Hong Kong British nationals do not have

the right to enter Britain freely to settle. The resentment stems largely from

the fact that British Nationals in Hong Kong enjoyed this right

until 1962

the mistaken belief that changes in British immigration laws were

directed principally at keeping Hong Kong people out of the UK

the geographical and historical background which rules out independence or self-determination for the Territory

the fact that Gibraltarians and Falkland Islanders have it.

Legislative Background

2. The British Nationality Act of 1948 created the status of

Citizenship of the UK and Colonies (CUKC), for those who had ties with the UK or the then existing colonies. Subsequently, this status was lost by those connected with colonies as they became

independent.

That Act

3. Until the enactment of the Commonwealth Immigrants Act in 1962,

Commonwealth citizens, including CUKCs from hong Kong, had an

unrestricted right to enter the UK to live or work here.

effectively withdrew this right. The Immigration Act 1971 distinguished between two classes of CUKC, one with the right of

abode in the UK and the other without such a right. Hong Kong CUKCS

had no right of abode in the UK, unless they were entitled to it

under the Immigration Act 1971 on the grounds of birth, descent or

settlement in the UK. This situation was reflected in the British

Nationality Act 1981 (BNA 1981) which brought nationality law and

immigration laws into line. It replaced the unitary CUKC status by