TNAG-0902-FCO40-1112-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 91

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RECEIVED

FN HONG KONG 282245Z SEP 79

TO IMMEDIATE F C O

TELEGRAM NUMBER 1348 OF 26 SEPTEMBER

MOSK

FROM DIRECTOR OF IMMIGRATION.

YOUR TELNO 716: NATIONALITY LAW.

1. THANK YOU FOR THE EXPLANATION. WE CAN SEE THE NEED TO HAVE A CONSISTENT POLICY FOR THE TRANSMISSION OF UK CITIZENSHIP BY DESCENT FOR PEOPLE LIVING IN FOREIGN AND COMMONWEALTH COUNTRIES. GENERALLY THE FAMILIES CONCERNED IN THESE CASES HAVE EMIGRATED TO THE COUNTRY OF RESIDENCE AND THEIR LINKS WITH THE UK ARE SLIGHT

AND REDUCING. HOWEVER, WE BELIEVE HONG KONG IS IN A DIFFERENT SITUATION, BECAUSE PEOPLE FROM OVERSEAS DO NOT USUALLY COME HERE FOR SETTLEMENT, BUT ONLY FOR EMPLOYMENT, THEY OFTEN MAINTAIN HOMES IN THE UK, SEND THEIR CHILDREN TO SCHOOLS IN THE UK AND MAINTAIN CLOSE FINANCIAL AND FAMILY LINKS AND, IN MANY CASES, CONTINUE TO CONTRIBUTE TO THE NATIONAL INSURANCE SCHEME. THEY

REGULARLY RETURN TO THE UK ON HOME LEAVE AND WITH VERY FEW

EXCEPTIONS ALL RETIRE IN THE UK.

2. PARA 46 OF THE GREEN PAPER REFERS TO EXCEPTIONS BUT THE ONLY

ONE YOU MENTION IS IN RESPECT OF CHILDREN OF CROWN SERVANTS. WE ARE NOT SURE WHETHER THIS TERM EXTENDS BEYOND THE UK FORCES AND THE DIPLOMATIC SERVICE AND INCLUDES MEMBERS OF MYOCS AND OTHER EMPLOYEES OF COLONIAL GOVERNMENTS, UK CIVIL SERVANTS ON TEMPORARY SECONDMENT TO HONG KONG AND EX-UK CIVIL SERVANTS NOW EMPLOYED BY THE HONG KONG AND OTHER COLONIAL GOVERNMENTS. WE SHOULD BE

GRATEFUL FOR CLARIFICATION OF THIS POINT.

3. THERE ARE MANY UK CITIZENS WORKING IN HONG KONG FOR BRITISH COMPANIES. MANY OF THESE MAY STAY HERE FOR A NUMBER OF YEARS OR MAY MOVE TO OTHER COUNTRIES AND TERRITORIES IN THE COURSE OF THEIR EMPLOYMENT BUT USUALLY RETIRE TO THE UK. THE GREEN PAPER RECOGNISES THE INCREASED MOBILITY OF FAMILIES. IT WOULD BE HELPFUL TO KNOW HOW IT IS INTENDED TO PROTECT THE NATIONALITY RIGHTS OF THESE PEOPLE.

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