GRS 400
CONFIDENTIAL
CONFIDENTIAL
FCO 011745Z OCT 79
TO ROUTINE HONG KONG
TELNO 786 OF 1 OCTOBER
1348
_HKK 340
RECEIVED IN SEC5WY NC/51
?
DESK OPIN DE NYDEX
2
YOUR TELNO 716: NATIONALITY LAW.
106
1. WE CONFIRM THAT THE PROPOSAL IS FOR CITIZENSHIP TO BE
TRANSMISSIBLE FOR ONE GENERATION ONLY AND THAT THERE WILL BE NO
AUTOMATIC ENTITLEMENT FOR PERSONS WHO ARE CITIZENS BY DESCENT
ONLY TO TRANSMIT CITIZENSHIP TO THEIR CHILDREN BORN OVERSEAS. FOR THIS PURPOSE, PERSONS WHO ACQUIRED CITIZENSHIP BY REGIST- RATION OR NATURALISATION WOULD BE REGARDED AS CITIZENS BY
DESCENT. TRANSMISSION WILL ALSO BE THROUGH FEMALE LINE AND THIS
WILL TEND TO REDUCE THE NUMBER OF CHILDREN ADVERSELY AFFECTED, WE ARE CONSCIOUS OF THE NEED TO MAKE SOME PROVISION FOR THE
FAMILIES DESCRIBED IN YOUR PARAGRAPH 1. HOME OFFICE PROPOSAL FOR
REGISTRATION AS OF RIGHT MENTIONED IN FIRST SENTENCE OF PARA 2
OF MY TELNO 716 RECOGNISES THIS. WE ARE STILL EXAMINING THIS AND
OTHER SCHEMES LIKE THE UPGRADING OF CITIZENSHIP OF THOSE WHO ARE
CITIZENS BY DESCENT AFTER A QUALIFYING PERIOD OF RESIDENCE IN
THE UK.
2. THE DEFINITION OF CROWN SERVANT FOR NATIONALITY PURPOSES IS
STILL UNDER CONSIDERATION. WE ARE AWARE OF THE CLAIMS FOR A WIDE
RANGING DEFINITION, BUT THE WIDER THE DEFINITION GOES THE MORE
DIFFICULT IT IS TO DRAW A LINE. THIS IS INEXTRICABLY LINKED WITH
A SATISFACTORY SOLUTION FOR THOSE REFERRED TO IN PARA 1.
3. IT IS INTENDED THAT THERE WILL BE PROVISION FOR THE AVOIDANCE
OF STATELESSNESS. CHILDREN BORN IN HONG KONG, OF COURSE, WILL BE QUOTE COLONIAL CITIZENS BY BIRTH UNQUOTE (WHATEVER NOMENCLATURE IS AGREED) IRRESPECTIVE OF WHETHER OR NOT THEY ARE BRITISH CITIZENS
BY DESCENT.
4, AS PRESENTLY ENVISAGED IN THE TRANSITIONAL PROVISIONS ANY CUKC
WHO WAS HIMSELF BORN, NATURALISED ETC, IN THE UK OR WHO HAS A
PARENT OR GRANDPARENT SO QUALIFIED WILL BECOME A BRITISH CITIZEN.
CARRINGTON
FILES
NTD
MR FIGG
HKSD MR PORTAZZI
CONFIDENTIAL
1