TNAG-0901-FCO40-1111-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 216

3.

In paragraph 4 of your letter you say that territories regotiating their independence have often been unaware that Parliament has to withdraw citizenship of the United Kingdom and Colonies from those who acquired the new citizenship, you wonder whether there would be any advantage in saying in

and a new nationality act what is to happen when colonies become independent. I think that it would have been useful if 20 years ago we had had an act which provided for nationality matters when a territory became independent. Such an act could have been brought into play by an Order in Council whenever it was reeded. But I doubt if it is now worthwhile legislating since such independences as are to come are almost certain to have special features. However, it would be very useful if overseas territories could be encouraged to have their own local citizenship in advance of political independence, e.g. upon the models of Singapore or Southern Rhodesia. There would then be a well-defired body of persons belonging to the colony which possibly with some small modifications could form the citizens of the new State.

As you say, it will take us some time to formulate a final view upon your paper. I fear that there will be a second round of objections from dependent territories. we have already received are mostly directed against the creation

The objections that of any type of citizenship separate from that of the metropolitan territory of the United Kingdom. When the territories realise that British overseas citizenship is to be imposed upon them whether they like or not they will probably object to its contents as at present proposed. For example, the outstanding difference between the proposed British citizenship and the proposed British Overseas citizenship is that British citizens have the right to reside in a territory whereas British overseas citizens have rot. Moreover, overseas citizenship comprises both persons who belong to existing territory (and are therefore returnable there) and persons who do not. This is going to make foreign travel for them extremely difficult and emphasises the second-class nature of the status.

R G Smedley

Nationality and Treaty Department

CONFIDENTIAL