Section 4(5) of the British Nationality Act 1981
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I should also like to take this opportunity to clarify for members of the Committee the position on Section 4 (5) of the British Nationality The confusion seems to have arisen from an exchange between Ivor Stanbrook and the Home Secretary during the Second Reading debate on 19 April, in which Ivor Stanbrook had referred in error to Section 4(5) being used specifically for those who would be genuinely at risk after the transfer of sovereignty. In replying the Home Secretary referred not to Section 4(5) but to the rights of admission which can be given in certain limited cases to people where there are special considerations, which Ivor seemed to have in mind. Most such people will now be eligible for citizenship under the Bill and of course, the rights of admission given to any who are not eligible will continue to be honoured.
Section 4(5) of the British Nationality Act is something separate, and is not aimed particularly at those who are or might be vulnerable. It applies to British nationals who are or have been in Crown service under the government of a dependent territory, or as members appointed by the Crown of bodies established by law in such territories, throughout the world. There is no intention to repeal this provision, or to say that it no longer applies in Hong Kong.
As Alistair Darling commented rightly during our discussion on 22 May, the numbers who have secured British citizenship under this provision are relatively few. The attached extract from the Hansard record of the Committee discussion of the 1981 legislation sets out the criteria which were to be applied to applications under this provision and, as was made clear then, it has been used sparingly. The criteria require an exceptional level of service, of value both to the government of the dependent territory and to the United Kingdom, which not many applicants have been able to meet. Nevertheless, the provision serves a useful purpose, albeit in limited circumstances, and it will remain in force in Hong Kong, as in other dependent territories.
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PETER LLOYD