TNAG-0902-FCO40-1112-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 16

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DSR 11C

these sources may now appear. (Developments in Southern Africa show that the possibility can arise in ways unexpected

15

when the last nationality law was passed.) The scheme

孽

(option (h)) for upgrading of citizenship

as in New Zealand which has many attractions, has, I fear, a serious potential defect in that it could undermine an important feature in the proposals for controlling immigration of male fiances and

husbands."

5. A scheme maintaining the status quo in UK-belonger terms (option (f)) has considerable advantages- it would carry no serious immigration risks, would be satisfactory for foreign countries and no worse than the present for Commonwealth countries - but I fear that perpetuation of the differences between foreign and Commonwealth countries would make it very difficult for the Home Office to accept.

in

There

6. My conclusion is therefore that the only scheme with any real chance of acceptance by the Home Office is one that only allows transmission of citizenship to the second generation for certain clearly defined categories of expatriates

essence those who are UK-based. The Home Office will be

resistant to this, but I believe we must insist on it. will be difficulties of definition and problems of implementation in such a scheme but I do not think they are insoluble; and provided the Department of Trade share this view and are willing to help with definition and implementation for UK businessmen, a scheme acceptable to the Home Office should be devisable. A separate submission is being made covering an approach to the Department of Trade on this subject.

of all this

7. The combined effect would be that, if the father is a citizen by descent, British citizenship would only be trans- missible in the following circumstances:

(a)

through the mother if she was born in the UK;

(b)

(c)

if the parents live with the child in the UK for the qualifying period during the child's minority; if the father is in Crown Service (or something closely resembling this);

(d)

if the father is an expatriate UK businessman (to be defined);

(e) if the child would otherwise be stateless;

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