TNAG-2943-FCO40-4219-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 110

COMMONWEALTH PARLIAMENTARY ASSOCIATION ANNUAL CONFERENCE, LIMASSOL 3 11 SEPTEMBER

BACKGROUND

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HONG KONG: NATIONALITY

1.

Nationality has long been a sensitive issue in Hong Kong. There is resentment that British nationals in Hong Kong are subject to UK immigration control and do not have the right to enter Britain freely and settle here. The resentment stems largely from:

- the fact that British nationals in Hong Kong enjoyed this right until 1962;

the suspicion that successive changes to British immigration and nationality laws were directed principally at keeping Hong Kong out of Britain;

the geographical and historical background, which rules out independence for Hong Kong and self-determination for its people;

the fact that Gibraltarians and Falkland Islanders are, entitled to register as, British citizens;

- the fact that under the Portuguese administration in neighbouring Macau, a greater proportion of residents qualify for Portuguese citizenship than do Hong Kong residents for British citizenship.

2.

The total population of Hong Kong is about 5.9 million. About 3.6 million are British Dependent Territories Citizens (BDTC) by virtue of birth or naturalisation in Hong Kong. Since anyone who has lived in Hong Kong for 5 years can apply to naturalise as a BDTC, it is theoretically possible for a further 2 million or so people to acquire this status.

LEGISLATIVE BACKGROUND

3.

Until the enactment of the Commonwealth Immigrants Act in 1962, Hong Kong residents could qualify for the status of Citizenship of the UK and Colonies (CUKC). CUKCS had an unrestricted right to enter the UK to live or work here. This ended in 1962. The British Nationality Act 1981 (BNA 1981) brought nationality law and immigration laws into line. It replaced the unitary CUKC status by three main categories of citizenship - British Citizenship, British Dependent Territories Citizenship (BDTC) and British Overseas Citizenship (BOC). Of these, only British citizenship automatically carried the right of abode in the UK.

bgrnd.cpaac.NAT

JEB