TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 79

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

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55.

But there would obviously have to be some reserve power to deal with applicants who were unsuitable on grounds of national security or the preservation of law and order.

56.

Even so, an objective test like criminal offences has its drawbacks. It cannot measure for instance whether a man's general behaviour makes him unacceptable to his fellow-citizens, even though he may have kept free of the Courts. And, if a man makes himself unacceptable to his fellow-citizens in this way, he may be a full citizen in law but he will be a second-class citizen in fact. He will not enjoy the equal status that, by and large, naturalised citizens now possess and the process of naturalisation may be devalued. Perhaps more sophisticated objective tests are needed, or the concept of good character - loose and vague as it is should be retained. The Government will welcome views on this matter.

Language test

M

57.

The present law requires that applicants for naturalisation should have a sufficient knowledge of English (or, for discretionary registration, which was introduced in 1973, English or Welsh). Nowadays, it is usually sufficient for the applicant to have an adequate command of spoken English. Such factors as the age and ability of the applicant are taken into account in assessing this. Most countries have similar provisions in thier naturali - sation laws. It is after all difficult for a naturalised citizen to exercise his civic duties for instance to vote or sit on juries, if he does not understand the language of his adopted country. It is difficult indeed for him to be accepted as a sufficiently integrated member of our society if he cannot communicate with his fellow citizens. Moreover some knowledge of the language is an indication that the applicant has committed himself to living here and taking part in the life of the community.

58.

Against this however, it is argued that elderly applicants in particular, can find it difficult to meet the language test. They may lead restricted lives, largely amongst their own fellow-countrymen, and the range of civic duties that they could effectively perform would probably be small. They may, nonetheless, be anxious to acquire citizenship, particularly if they are stateless or of uncertain nationality. One solution might be to keep the language test but give the Home Secretary some discretion to waive it in such cases.

An appeals system

59.

As mentioned above, those who are refused citizenship by registration or naturalisation cannot at present appeal against the refusal. Admittedly, a decision to refuse citizenship usually has little immediate impact on the everyday life of the applicant; it does not affect his ability to stay in this country, and he is free, for instance, to own property. But refusal might prevent someone from entering a post, such as those in the Civil Service, which are restricted to those holding certain nationalities. A right of appeal could offer some help in such a case.

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