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IN CONFIDENCE

NATIONALITY BILL: HONG KONG

1. The purpose of the Bill is to update Britain's nationality laws

over a wide field, bringing citizenship into line with right of abode.

2. In common with most dependencies, Hong Kong would prefer there

to be no change in citizenship status. There have been extensive

consultations with Hong Kong since publication of the Green Paper in

1977, and the Hong Kong Government has accepted with reluctance that

there must be a change. The new category of Citizenship of the British

Dependent Territories was adopted for the White Paper on the suggestion

of the Hong Kong Government.

3. There is nevertheless a body of feeling in Hong Kong that the Bill

is intended to loosen ties between the UK and its dependencies, and

fears of becoming 'second-class citizens'. Such fears are groundless

and Her Majesty's Government have repeatedly affirmed their commitment

to the people of Hong Kong.

4. A particular problem has been the position of those in Crown Service

who were specifically excluded under the Bill from naturalisation as

British Citizens. Amendments have now been tabled, as the new Clause 9

of the Bill, that should allay most of Hong Kong's fears. These are:

CBDTS living in the UK for 5 years will have the right to acquire

British citizenship through registration instead of having to apply

for naturalisation;

a)

b)

5.

The Home Secretary will have discretion to register as a British

citizen a person who has at any time been in Crown Service under

the Government of a dependency or who has been appointed by or on

behalf of the Crown to certain forms of service in a dependency.

One problem that remains is that of nomenclature. Some community

leaders in Hong Kong have suggested inclusion of the words British

national or British subject in the CBDT title. Such a change would not

be possible as it would strike at the basic principles of the Bill as

it is framed.

IN CONFIDENCE

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