TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 178

ER.

CONFIDENTIAL

DRAFT 15.2.77

DRAFT DISCUSSION PAPER

A NEW BRITISH NATIONALITY LAW?

:

PREFACE

I. THE CASE FOR CHANCE

There have been many changes in British society and in this

country's role in the world since the British Nationality Act which

provides the basis of our citizenship was passed in 1948. The law,

which has been amended from time to time, is complicated and obscure,

:

and because Britain is no longer an Imperial power the all-embracing

including f

concept of nationality associated with that role, in particular the

citizenship of the United Kingdom and Colonies, is no longer appropriate.

The main defect in our present law is that our citizenship, as

indeed its name applies, relates both to the United Kingdom and overseas

territories, and so does not provide the ready means which is available

to other countries, including our EEC partners, of identifying those

who belong to the country and have the right to enter and live in it

freely. In contrast, many countries, both Commonwealth and foreign,

have defined their citizenship so that it corresponds either completely

or closely with the right of entry.

The Labour Party Manifesto of February 1974 maintained that the

law of nationality should be revised so that immigration policies could

be based on citizenship; and soon after taking office the Government,

as a first step, set up a group to examine the present law and suggest

alterations. This document is based on their work. It is published

as a discussion document because alterations in the law of citizenship

would affect everyone in this country and many people overseas. There

is room for widely differing views as to what should be done; it is

right that there should be opportunity for interested persons, and CONFIDENTIAL