TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 173

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

G.S. 166

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XCCI(80)19

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2.

Although the terminology is not one of those favoured by

Members it is not final and there remains the opportunity to suggest alternatives within certain limits. These limits do not include the retention of the term Citizen of the United Kingdom and Colonies or any title including the words "British Citizen", "United Kingdom" or "British Subject".

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The White Paper proposes broadly identical provisions for the acquisition of citizenship for British Citizenship and Citizenship of the Dependent Territories.

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The White Paper reiterates that the establishment of a separate citizenship for the British Dependent Territories will in no way alter the relationship between those territories and the United Kingdom, nor the Government's obligations and commitments to the Dependent Territories and to their citizens.

Citizenship by Descent

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The Green Paper proposals that citizenship shall descend only to the first generation born abroad, except for children born to Crown Servants (i.e. children of members of the Armed Forces, Diplomatic Service.) have been modified to give exemption for children born to parents with a close UK connection who spend a large proportion of their career abroad serving British interests. This connection has yet to be defined, but an essential factor would be related to the parent (either father or mother) being at the time of the child's birth, in employment with a business or certain other types of organisations based in the UK, or in certain forms of employment with international organisations. The White Paper also proposes that certain children born overseas could acquire British citi- zenship by registration (see paragraph 54 (b) of the Whilte Paper).

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It remains to be considered whether it is practicable or desirable to try to draft a provision by which "Hong Kong citizens working for companies or organisations overseas, could transmit citizenship similarly. It is also for consideration whether the provision for acquisition of citizenship by the child of the second or subsequent generation born overseas of citizen parents after a period of residence in Hong Kong with his parents would be acceptable.

Restriction on Citizenship by Birth

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A new proposal not included in the Green Paper, is that citizenship by birth might be subject to some restrictions. Children who are born in British territories to parents who are not citizens of that territory and whose stay in that territory is temporary, for example, children born to students and visitors, should not, as of right, acquire citizenship. (See para- graphs 43 and 44 of the White Paper).

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