TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 42

CONFIDENTIAL

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and the possibility in other cases (eg where the parents are settled overseas) that the child would be unlikely to have any future connection. with the United Kingdom. Accordingly, the Bill will not contain any provision for a child to acquire British Citizenship as a result of being adopted overseas. It will however be possible for a child so adopted to be registered under the Secretary of State's general power to register minor children (see paragraphs 79

to 83 below); and in deciding an

application all the circumstances of the child and his adoptive parents would

be taken into account.

Transmission of Citizenship by Descent

49. Under the present law Citizenship of the United Kingdom and Colonies

is acquired by the legitimate child, born overseas, of a father who is a

citizen by birth, adoption, registration or naturalisation in the

United Kingdom. In addition it may be acquired by the child of the second

and later generation born overseas:

(a) if in each case the father is a citizen and is in Crown Service

at the time of the birth; or

(b) if in each case the father is a citizen and the birth takes place

in a foreign (not a Commonwealth) country and is registered at a

British Consulate within 12 months (or later at the discretion of the

Secretary of State).

50. The considerations affecting the acquisition of citizenship by children

born abroad were discussed at length in the Green Paper and a good deal of

the correspondence received was on this subject. Most of those who wrote were in favour of citizenship passing beyond the first generation born abroad if

there were close ties with this country or such circumstances such as one of the parents being at the time of the birth in Crown Service, or the service

of an international organisation, or working for a United Kingdom based

company overseas.

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