TNAG-0902-FCO40-1112-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 123

E.R.

CONFIDENTIAL

2

1.

Nationality Bill

Both the main political parties are committed to a thorough-going reform

of the nationality law, and the Queen's Speech announced the Government's

intention of introducing a Nationality Bill. It is common ground between the

parties that the existing Citizenship of the United Kingdom and Colonies should

be divided up; that there should be a citizenship which carries with it the

right of abode in the United Kingdom; that this citizenship should be called

British Citizenship; and that those Citizens of the United Kingdom and Colonies

who are not given British Citizenship must be given another status. It must be

assumed that any Nationality Bill will be drafted in accordance with these

principles.

2. It is inherent in these principles that those Citizens of the United Kingdom

and Colonies who do not become British Citizens will be given a status which

makes it plain that their connection with the United Kingdom is less close than

that of British Citizens. Indeed, it is one of the declared aims of both parties

that the citizenships to be established by the Nationality Bill (taken with the consequential changes that will be necessary in the Immigration Act) will distinguish those who have the right of abode in the United Kingdom (i.e. British Citizens) from those who do not. The inclusion of "United Kingdom" in the

present omnibus title of "Citizenship of the United Kingdom and Colonies"

encourages other countries, and international courts which consider immigration cases, to regard all CUKCs as returnable to the United Kingdom (which they are not under present United Kingdom immigration law) and both parties wish to change

this situation.

3. The question currently at issue is whether all those CUKCS who do not become

British Citizens should be given the same citizenship or whether they should be divided between two citizenships. They must be given a title which accurately reflects their status and is not misleading; this is necessary in order to

comply with the fundamental principles on which statutes are drafted. In the

view of the Home Office, the title "Citizen of the United Kingdom and Colonies"

cannot be preserved: the abolition of this title is one of the principal aims

of the new legislation. We cannot use the status of British subject in this

context: it is archaic and misleading. Nor will "British Citizen of Hong Kong"

or "British Citizen of Gibraltar" do: these people will not be British Citizens

and we must not use a title which implies that they are. If there is to be one

CONFIDENTIAL