British Nationality Law and Hong Kong - Early Colonial Era - Commonwealth Immigrants Acts

Commonwealth Immigrants Acts

Until 1962, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. Anticipating immigration waves from former and current colonies in Africa and Asia with the decolonisation of the 1960s, the United Kingdom passed the Commonwealth Immigrants Act 1962 and Commonwealth Immigrants Act 1968, tightening immigration control for CUKCs into the United Kingdom.

As such, CUKCs connected to Hong Kong were subject to immigration control after 1962.

Finally in the Immigration Act 1971, the concept of patriality or right of abode was created. CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents or their grandparents were connected to the United Kingdom. This placed the UK in the rare position of denying some of its nationals entry into their country of nationality. However, the concept of patriality was only a temporary solution to halt a sudden wave of migration. The British government later reformed the law, resulting in the British Nationality Act 1981.

These acts shaped an increasingly restrictive immigration policy into the UK for Hong Kong residents even before the Sino-British Joint Declaration of 1984.

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