TNAG-0902-FCO40-1112-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 78

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QUEEN ANNE'S GATE LONDON SW1H 9AT

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Dear Grancis

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22 Agror 1479.

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see JOHA

Nationality Bill: citizenship by descent to children born overseas

At the Home Affairs Committee on 31st July we discussed the Eranting of citizenship by descent to the children of British Citizens who were themselves born overseas. I fully appreciate that it was not easy to deal with a complicated subject like this without full briefing, and I hope that the memorandum I have attached to this letter will make it somewhat easier to follow.

I believe that the definition of people who are Crown Servants and 'near-Crown Servants' can be dealt with in the course of drafting; and the Departments concerned will be consulted as this goes on. I must however emphasise that the more widely we draw the definition the more justification will people working abroad for business and other firms have for saying that they deserve similar treatment.

My main concern however is the possible immigration commitment arising from any departure from the proposals contained in the synopsis of the Bill attached to H(79)44. The principal aim of this Bill will be to reform the citizenship law by providing a citizenship which will define the right of abode in the United Kingdom; people who hold that citizen- ship, and no others, will be entitled to unrestricted entry. In altering our citizenship law we must not make it possible for large additional numbers of people to acquire the right of abode here. I am of course thinking chiefly of people from countries from which there is great pressure to enter the United Kingdon At present for example, a child of the second generation born abroad who has become a citizen of the United Kingdom and Colonies by consular registration of birth in a foreign country has the right of abode in the United Kingdom. children acquired citizenship in this way in 1977, the great majority

732 of them being of the second generation, and probably nearly all of them were of British stock. But if we were to re-enact this method of transmitting citizenship, we must expect that people from the countries I have referred to would take full advantage of this concession, and in much larger numbers. We could not prevent this without framing the legislation on lines that would with some justification be attacked es racialist.

The Rt. Hon. Francis Pym, N.C.

Pym

M:P

CONFUSUTAL

/Accordingly,