118
DEN
HKK 34
RECEIVED ?25 DOOM
122
Mr McLaren
Mr Jones, N&TD
DRUK
I x
No i plu.
NATIONALITY LAW: TRANSMISSION OF CITIZENSHIP TO CHILDREN BORN OVERSEAS
1.
I have now studied the drafts attached to Mr Jones' minute of 17 October.
2.
eefi23
125
The UK British citizens whose interests it is HKGD's concern to defend can be divided into three categories:
(i) those working for Dependent Territory Governments;
(ii) those working in Dependent Territories for British companies; (iii) other UK belongers resident in Dependent Territories.
3. The point has been made before that people in category (i) should come within the definition of "Crown Servants". The Home Office position on this is that the exact definition of Crown Servants should be left for the drafting stage. But I believe it would be helpful to have it made clear in the draft to Ministers that we want to ensure that British expatriate members of the public service in Dependent Territories should be recognised as being Crown Servants. This might perhaps be done by slightly amending the final phrase of the recommendation in paragraph 2 of the draft to read:
as well as Crown Servants (including British expat- riates working in the public service of British Dependent Territories)"
This however would be affected by the suggestion I make below in para 6 about defining more precisely what we should be trying to achieve for Crown Servants.
4. People in category (ii) are in the same position as British businessmen working in any overseas country and will presumably be fully catered for by whatever general arrangements are made for British businessmen.
5. The people in category (iii) arguably have no claim to special consideration. But option (c) in paragraph 4 of Annex B suggests that thought has been given to a blanket provision that would allow automatic transmission to the second generation for all UK Since this belonging British citizens in Dependent Territories. would apparently entail no change from the present position as far as the immigration effect is concerned (and would therefore not be ruled out by Mr Jones' general assumption that the Home Office will veto all proposals leading to an increased immi- gration commitment), I would hope that this category could be included in the list of feasible exceptions in paragraph 7.
CONFIDENTIAL
16.