TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 73

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33.

The ius soli method - traditionally used in the United Kingdom is simple and inclusive. Anyone who is born here is a citizen unless his father is a diplomat of another country. This encourages the integration of people from abroad. The child born here to, say, Polish or Indian parents is a citizen of the United Kingdom and Colonies from birth; he is encouraged in this way to identify himself with this country. Under the ius sanguinis method by contrast he would have to take his parent's nationality, and would only acquire our citizenship by some voluntary act, such as naturalisation. It is possible, under such a system, for successive generations to live in a country and never become citizens.

34.

On the other hand, some people might think that the ius soli method is too generous. It confers citizenship indiscriminately on all who happen to be born here, even if for instance the mother is en route elsewhere. The problems caused by transient visitors can, however, be exaggerated; a child born here by accident is not likely by and large to exercise his claim to our citizenship. But it is true that we confer citizenship on children who, though born here, may be brought up and live their lives abroad, and on children whose parents, though entirely unconnected with the United Kingdom, have arranged for the child to be born here to acquire citizenship for its possible usefulness later. On the whole the Government consider that the simplicity and inclusiveness of the ius soli method outweighs its drawbacks.

(b)

35.

Citizenship by adoption

Under the Adoption Acts 1958 and 1964 a child who is adopted in the United Kingdom (including, for this purpose, the Channel Islands and the Isle of Man) automatically becomes a citizen of the United Kingdom and Colonies if the person adopting the child is a citizen of the United Kingdom and Colonies, or in the case of a joint adoption, the man is such a citizen.

36.

This principle might well be carried over into a new British Citizenship. But in the case of a joint adoption, it should suffice if either parent was a British Citizen. This would be in line with the Government's general policy of working towards equal treatment of the

sexes.

(c)

37.

Citizenship by descent

Under the United Kingdom law, as mentioned above, everyone who is born here is automatically a citizen. So the only people who are citizens by descent in our law are people born abroad who have some link with this country through their fathers, which gives them a claim to our citizenship. In looking to the future, there are two main issues to be considered. First, whether the present inability of a woman to transmit her citizenship to her children born abroad can be justified. Second, how far citizenship by descent should be allowed to go that is, how many suc- cessive generations born abroad should be allowed to have our citizenship.

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