TNAG-0902-FCO40-1112-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 58

Mr iss

PS/Mr Blaker

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CONFIDENTIAL.

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1. The Questi r

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NEW NATIONALITY LEGISLATION: TRANSMISSION OF CITIZENSHIP TO CHILDREN BORN OVERSEAS

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1. On his visit to the Far East Mr Blaker received many representations from businessmen against the proposal that in the new nationality law transmission of British citizenship by descent would be restricted to the first generation born overseas that is, the child born outside the United Kingdom would only acquire British citizenship if his father or his mother was born in the United Kingdom. In Manila telno 595 of 26 September PS/Mr Blaker said that we should be prepared to make a case to the Home Office. In fact considera- tion of the relevant provisions which should be included in the new law are under consideration in both the Home and Social Affairs Committee and in correspondence at Ministerial level between FCO and Home Office Ministers and discussions at official level between FCO and Home Office officials. position is as follows.

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The businessmen making the representations may have done so as a result FCO circular number '0' 119/79 of 6 July which asked posts to stimulate discussion of certain aspects of the 1977 Green Paper on reform of the nationality law or as result of TRED's action, through the British Overseas Trade Board, to get the views of Chambers of Commerce on the effect on British businessmen working overseas of a restriction on transmission of citizenship to the first generation. Those making the representations would not be aware that the Home Office accept that if transmission of citizenship is so restricted there must be some other provision which would allow acquisition of citizenship by the second generation born abroad where the family is closely associated with the UK. The means proposed by the Home Office for doing this are that the child of the second generation born overseas would be entitled to registration as a British citizen after residing with his parents, both of whom were British citizens by descent, in the UK for a period of say, 3 years during his minority. The Home Office preference for such a provision and their objections to alternatives were set out in the Home Secretary's letter of 22 August to Mr Pym and other members Cof the Home and Social Affairs Committee. Though the FCO are not represented

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on this committee we were belatedly sent a copy of the Home Secretary's letter.

In reply to it the Lord Privy Seal said that we still thought that a provision, along the lines of the New Zealand law, to allow for the

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