TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 66

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Changes since the 1948 Act

7.

The scheme set up under the Act has met with various difficulties. First, the status of British subject without citizenship, which was intended to be transitional, has persisted. This is because India and Pakistan enacted citizenship laws in 1950 and 1951 which withheld citizenship from many people who had derived their status of British subject from their connection with those territories and who were regarded by the British Government, at the time of the passing of the 1948 Act, as potential citizens of those countries. The United Kingdom did not feel able to grant citizenship of the United Kingdom and Colonies to all these people from India and Pakistan who had failed to acquire such citizenships. They often had no connection with the United Kingdom or a Colony then existing. The status of British subject without citizenship has therefore remained in existence longer than originally expected, but as people have obtained other citizenships they have ceased to hold it, and since it relates to people born before 1949, the numbers are diminishing.

8.

Other problems developed as more countries of the Commonwealth became independent. Some of these countries did not, at independence, confer their citizenship on all the citizens of the United Kingdom and Colonies who had ties with them. Kenya, for instance, did not give its citizenship automatically to citizens of the United Kingdom and Colonies born in Kenya before independence, unless one parent had been born there. There were similar problems with British Protected Persons linked with some territories. So significant numbers of people, for instance in East Africa and Malaysia, did not acquire local citizenship on independence and remained citizens of the United Kingdom and Colonies or British Protected Persons even though they had no close connections either with the United Kingdom or with one of the remaining Colonies. Often they hold no other citizenship.

9.

Over the years the 1943 Act has been amended about 40 times. There have been various reasons for this. A large number of Colonies have become independent and it has been necessary to withdraw citizenship of the United Kingdom and Colonies from people who acquired citizenship of the newly independent country but had not at the same time a close connection with the United Kingdom or a continuing Colony. Other amend- ments have been needed when countries, for example South Africa and Pakistan, have left the Commonwealth, to provide that although their nationals were henceforward foreigners in United Kingdom law they were to continue for a limited time to retain their eligibility to acquire our citizenship by registration as if they had continued to be Commonwealth citizens, rather than by naturalisation. Important amendments in the qualifications for acquiring citizenship of the United Kingdom and Colonies were made in the Commonwealth Immigrants Act 1962 and the Immigration Act 1971. Apart from these amendments there have been others, for example to meet the United Kingdom's obligations under international agreements. As a result of these numerous amendments British nationality law has become difficult to follow.

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