CONFIDENTIAL
Reference..
Why to these вось?
Does two
metter?
CODE 18-77
and paragraph 4 provides for the acquisition of British nationality by registration by the children of BOCs, subject to certain conditions being fulfilled. The proposed Article 5 (2) improves the position of such persons greatly. The automatic conferal of BOC status applies to the children of BN (0) s who would otherwise be stateless
(as well as to the children of BOCs); and in relation to both categories of nationals, it also applies to births outside the UK, and outside dependent territories. This clearly fulfils (and indded goes beyond) the obligations undertaken by the UK under Articles 1 and 4 of the Convention.
10. The position is not affected by the deprivation provisions of the proposed Article 5(3); the obligation of the UK under Article 8 of the Convention is an obligation not to deprive of a national of his nationality if he shall thereby become stateless.
Nor, I think, is there any substantial argument that the conferral of nationality upon otherwise stateless persons, one or more of whose parents is a British national, could be ineffective as a matter of international law.
11.
The second of the points which I raised above (paragraph 3), namely the relationship of the present provisions with those under schedule 2 of the BNA 1981, poses more complex questions. First, as regards children born stateless in the UK or a dependent territory, the effect of paragraphs 1 or 2 of Schedule 2 is that such children obtain BOC status, if their parents, or one of their parents, possess BOC status. On the other hand, if their parents possess BN (0) status, the position (as it at present stands) is that such children if born in the UK or a dependent territory, could only obtain British Nationality if they were born stateless, and fulfilled conditions as to age and residence in the UK or dependent territory
(Schedule 2 paragraph 3). The provisions of the proposed Article 5 (2) "equalize" the position in that the children of any BOC or BN (0) born in the UK or a dependent territory now obtain BOC status if they would otherwise be born stateless.
12. There may however be a situation where the position of such children is not quite so "equal". For example, if a child of a BN (0) is born stateless in the UK, he obtains BOC status; if he then acquires another nationality, he loses that BOC status
(Article 5(3)). A child of a BOC under Article 5(1) born stateless in the UK also obtains BOC status; if, however, he obtains another nationality, there is some doubt as to whether he would lose his BOC status, as he would have that status not solely "by virtue of paragraph (1) or (2)" (of Article 5) but independently, by virtue of schedule 2 paragraph 1 of the 1981 Act. A certain inequality therefore results; the child of the BOC under Article 5 (1) may keep his status, even though (possibly) his father might have been a BOC simply through failure to apply for BN (0) status.
13. Their problem is not easy to solve. One possiblity however might be the amendment of schedule 2 paragraphs 1 and 2 to provide for the acquisition by stateless children of BN (0) s born after 30 June 1997 in the UK or a dependent territory of BOC status.
14. As regards the position of children born outside the UK, the situation is even more difficult. Under schedule 2 paragraph 4 of the BNA 1981, the child of a BOC who has always been stateless and who was born outside the UK and the dependent territories can register as a BOC, but only if he satisfies a requirement that he has been resident in the UK or a dependent territory for the
/period
CONFIDENTIAL