TNAG-2933-FCO40-4208-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 16

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WIVES AND WIDOWS OF EX-SERVICEMEN

Annex C

Background

1.

Immigration undertaking

During the Second Reading of the British Nationality (Hong Kong) Act

Act 1990 the Home Secretary gave an immigration assurance that the spouses of any British citizens who had died and who had been resident in Hong Kong would be allowed to come to the United Kingdom providing they were

still resident in Hong Kong, did not have the citizenship

of another country (a condition which was later dropped)

and had not remarried. (They could apply for British citizenship in the normal way ie. after fulfilling the residence requirements.) It was made clear that this same

assurance also extended to the wives and widows of former

servicemen who served in the defence of Hong Kong during the Second World War under the Government of Hong Kong, irrespective of the husband's nationality.

The problem

Pressure is now being exerted for the ex-servicemen's spouses and widows to be granted British citizenship without having to fulfil the residence requirements. There are only four or five dozen

of them and LegCo (and the Hong Kong Government) is pressing HMG

to look again at the case for exemption from the requirements. The latest suggestion from HKG is that the ladies concerned should be allowed to fulfil the residence requirements by going

through a notional period of residence here on the basis of the

Home Secretary's discretion to overlook excess absences. The

wives and widows would pay a single visit to the UK, be granted settlement on arrival, remain for a short time, return to Hong Kong and then submit from there an application for citizenship three or (if not married to a BC) five years later.