TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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is in British Government Service at the time of the child's birth, or if the child is born in a foreign (but not a Commonwealth) country and the child's birth is registered, within a limited time, at a British Consulate. There is no limit to the transmission of citizenship to further generations in these circumstances.

43.

These arrangements have grown up in a somewhat haphazard fashion, and can lead to anomalies. It seems odd to many people that a child born in, say the USA can be given his father's citizenship of the United Kingdom and Colonies by consular registration if his father was born abroad, but a child born in Canada in similar circumstances cannot. A child born in Australia to a British diplomat who was himself born overseas acquires his father's citizenship, but a child born there to a British businessman in similar circumstances does not. A new citizenship would provide an opportunity to place the rules for descent on a more rational basis.

44.

There are various options. At one extreme, if the United Kingdom were to adopt the ius sanguinis method, and confer citizenship on any child whose parent was a citizen, there could be no limits on transmission, no matter how distant were the child's direct connections with the United Kingdom. The United Kingdom has however been traditionally reluctant to extend its citizenship in this way; people have emigrated from this country in considerable numbers for at least the last 200 years, and the descendants of such people usually associate themselves with their country of birth, and not with the United Kingdom.

45.

The other extreme would be to limit citizenship to the first generation born abroad and not allow people born overseas to transmit their citizenship to children born overseas. This might be necessary if, as is suggested, citizenship is to carry with it the right to enter the United Kingdom. Without such a measure there would be large and growing numbers of people abroad who had the right to come to the United Kingdom at any time, but who might have scant connection with this country. The numbers would of course be all the greater if women as well as men could transmit their citizenship to their children born abroad.

46. But more and more people are spending part of their careers abroad and it might seem unfair if one member of a family who happened to be born when the family was temporarily overseas could not transmit his citizenship when his brothers (and sisters) who were born in the United Kingdom could do so. Difficulty would arise where such a person is in his turn temporarily abroad serving United Kingdom interests when his children are born. He might have few ties with the country of his own birth, or of his children's birth. It would be natural for him to want to transmit British citizenship to his children born overseas. Further difficulty could arise where the person concerned had no claim to citizen- ship of the country in which he was born as is for instance invariably the case with children of diplomats and so could not transmit the citizen- ship of that country to his child even if he wished to. The Government

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