TNAG-2203-FCO40-3158-Hong-Kong-nationality-package-legislation-to-restrict-the-ri-1990 — Page 11

CONFIDENTIAL

i. to amend the Immigration Rules so that members of the Home

Forces (which includes Gurkhas) were no longer deemed to be

settled in the UK for the purpose of the Rules. This would

prevent Gurkhas from being joined for settlement by spouses,

fiancees and dependent children;

ii. to amend BNA 1981 so that children born here to Gurkhas

(who as members of the Home Forces are exempt from immigration control and thus deemed to be settled here for the purposes of

Section 50(2)) were not British citizens by birth in the UK;

and

iii.

to disapply by Parliamentary statement the long residence

concession from Gurkhas and their families.

4.

Since the OD decision on 9 May 1989, MOD have been seeking to

get themselves off the legislative hook, arguing that the

uncontentious quinquennial Armed Forces Bill was not the right

vehicle for amending immigration legislation. They have been told

repeatedly by the Home Office at official level that the decision

must stand, and that changes caused by MOD action should be dealt

with by means of available MOD legislation.

5. As the Home Secretary's letter argues, the Hong Kong Bill will

be quite controversial enough without the added complication of

seeking to deal with the Gurkhas at the same time. The

juxtaposition of the two sets of measures would simply play into the

hands of the critics of both, and significantly increase the likely

handling difficulties.

DAWACG

Alianc

A R Paul

CONFIDENTIAL