TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 74

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Descent through the female line

38. In the past, nearly all countries allowed only men citizens to transmit their citizenship to their children born abroad, This was based on two arguments. First, countries were reluctant to see dual nationality proliferate - as would happen when nationals of two countries married and both were able to transmit their citizenship to their children. Second, in such 'mixed' marriages it was thought that the man's occupation was crucial in deciding where the family would live. The man would tend to work in his own country rather than his wife's; the family home would therefore be established there; the children of the marriage would grow up there and would inevitably associate themselves more strongly with their father's country than with their mother's.

39. As to the first of these arguments, the United Kingdom has adopted a very tolerant attitude to dual nationality. The second argument is certainly no longer so powerful or so generally accepted. Family patterns are altering; the woman's interests can be as important as the man's in deciding where the family home should be; in any case, families are more mobile. These changes have led a number of countries, including West Germany, Canada and the USA, to permit their women citizens to

In the transmit their citizenship on broadly the same terms as men. United Kingdom much has been done to end discrimination on grounds of sex, and the opportunity should be taken to do so in nationality law by changing the rules for citizenship by descent in a new scheme of citizenship.

40. There are, however, some practical problems. It would not be difficult to legislate so that, from a certain date, women could transmit their citizenship on the same terms as men to children born after that date. But what about the children born before that date? Should they be granted citizenship and if so, how?

41.

To designate them all automatically as citizens, especially if the citizenship was back-dated to their birth, would cause difficulties. They might not want our citizenship; they might find that they had lost

An their other citizenship by having our citizenship thrust upon them. alternative favoured by the Government would be to enable a mother who has become a British Citizen, to apply for her citizenship for her children. They would then hold this citizenship from the date the application was granted. This arrangement might be for a limited period, say two years; this has been the practice in other countries which have changed their law recently in this way (e.g. Canada and West Germany).

The limits of citizenship by descent

42.

Our present law not only confines to men the right to transmit citizenship, it also imposes conditions on the transmission of citizenship. There is no restriction on men citizens from this country transmitting their citizenship to the first generation born abroad. But beyond that, citizenship may be transmitted only in certain circumstances for instance, if the father

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