TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 53

CONFIDENTIAL

Registration of Minor Children

79. Under present legislation the Home Secretary has discretion to

register any minor child as a Citizen of the United Kingdom and Colonies.

In exercising his discretion he takes account of the citizenship of the

parents, the place in which the child is living and is likely to live and

other relevant matters; and in considering an application on behalf of a child who is approaching the age of 18 he also has some regard to whether the child would be likely on reaching that age to satisfy the conditions

required of an adult applying for naturalisation or registration at dis-

cretion.

80. Over and above this, it has been the practice since February 1979 to

agree to an application for the registration of the child born and living

abroad, of a woman who was herself born in the United Kingdom, provided there

is no well founded objection by the child's father. This change in practice

was introduced as a means of moving towards equality of treatment for men

and women in advance of a change in a forthcoming Bill. Children born abroad

in future to United Kingdom born women will, after the Act comes into force,

acquire British Citizenship by descent. The numbers of parents applying for

the registration of their children are likely to diminish on that account.

81.

The Government will propose in the Bill that the Secretary of State's

discretionary power to register a minor child shall be continued. But it is intended (see paragraph 54(b)) that a child born abroad to a parent who

is a British Citizen who is such by descent or grant, and who subsequently

settles in the United Kingdom, shall be entitled to be registered as a minor

on completing 3 years here with his family.

82. Under the present legislation, where the registration of a child born

and living overseas is granted by the Secretary of State or on his behalf

by a High Commissioner overseas the effect has been to put a child in the

same position as if he had been born in the United Kingdom, that is, he may

in turn pass on citizenship to his children born abroad. This can result

in some anomalous situations: for example, a United Kingdom-born husband and wife whose own children are born abroad would find that their child was

a citizen by descent whereas a registered child would pass on citizenship

one further generation.

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