PERSONAL AND CONFIDENTIAL
5.
Most of the persons covered by 6.22, 6.23 and 6.24 will acquire CBDT under 6.21(a) and (b), ie by reason of a parental or grand- parental connection with a dependency, but there may be a small number of persons whose connections with a dependency are more remote who would qualify under these provisions. Clearly a separate provision will be required for the formerly stateless children registered under Section 1 of the 1964 (No. 2) Act (please see para 19 of the White Paper) but we are not convinced that these provisions as they stand are necessary or acceptable and we have asked the Home Office to look at them again.
Permanent Provisions
The provisions at 7.1 cover acquisition of CBDT by persons born in the Dependent Territories and follow the proposals for British citizenship. However, the proposal at 7.11 as it stands does mean that a CBDT by descent connected with one dependency would be able to transmit CBDT by birth to a child born in another dependency.
6.
This point has been taken up with the Home Office and they are reconsidering the provision. Our obligations under the United Nations Convention on the Reduction of Statelessness regarding persons born in British territories to British nationals is still under consideration and adjustments may have to be made to these provisions. The proposed definition for the term 'residence' or 'resident' is given in paras 7 and 8 of Annex 13 to the Instructions to Parliamentary Counsel (a copy of which is also attached). 7.21 provides for a child adopted in a dependency to be registered as a CBDT. Clearly this will apply only in a dependency where there is a law providing for adoption. In territories where no such law exists it will be open to the government of the territory to decide whether or not such a law should be introduced.
7.
The proposals at 7.31 and 7.33 provide for transmission of CBDT to a child born outside a dependency. Transmission will be in both the male and female line if either parent (the mother only in the case of an illegitimate child) is a CBDT by reason of birth in a dependency. 7.32 provides for the children of CBDTs who are Crown servants of the government of the dependency concerned serving overseas to be regarded as citizens by birth. No decision has yet been taken on the definition of a Crown servant and the position remains as given in para 5 of Wilfred Jones' letter of 18 July.
8.
The naturalisation provisions are at 7.4 (Residence and Crown Service) and 7.5 (Marriage). We have no comments on these provisions. They closely follow those proposed for British citizenship. Under these proposals powers to register and naturalise persons as CBDTs are conferred on the Secretary of State and not Governors, but as you will be aware from the letter under reference no decision has yet been taken on this and we await your reply to the latter before putting our views to the Home Office.
PERSONAL AND CONFIDENTIAL
19.