TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 253

>

aroed wording on Crown Servants (paragraph 58. The Home Secreta

Las BON written to Mr Nott proposing that Lusinessmer and others in

relevant employment' should be able to transmit for two generations.

The Home Office have explained that this means that a qualified child

must have a grandparent born in the United Kingdom. It will be a permanent provision, rather than the transitional provision originally

proposed by the Home Office. This does not go as far as the Department

of Trade had suggested (they wanted any qualified British Citizen by

descent to be eligible) but it may be acceptable to them.

If so, we

see no reason for the FCO to object.

Whilst businessmen and the other categories included in 'relevant employment' (e.g. ODA contract technicians, MOD non-Crown Servant groups such as NAAFI) are deserving of favourable treatment, it is up to the Department of Trade (supported by us as necessary) to make

the main running. It is the business lobby who will object the

loudest if the provision is unsatisfactory. The main FCO interest is to protect the provision agreed for Crown Servants and this is best achieved by obtaining a satisfactory provision for businessmen.

No attempt has yet been made to define a Crown Servant for the purpose of the new nationality law. In current nationality law, a member of

the British Council is not considered to be a Crown Servant. It is

important to FCC's interests to remedy this for nationality purposes. There is no need for this to be raised in the Home Affairs Committee

but Ministers should be aware that, in due course, an attempt will be

made to have British Council staff included in the Crown Servant

jefiliiz. If this should fail, provision has already been made ir

The 12, at relevant employment' definition for the inclusion of organisations such as the British Council. This, however, will be only second best although adequate to protect the transmission right. of the bulk of British Council staff who could be affected.

ACQUISITION OF CITIZENSHIP FOLLOWING MARRIAGE (PARA 76)

Under current law, non-British wives of CUKC husbands may apply for citizenship by registration immediately following marriage. irrespec- tive of place of residence, i.e. there is discrimination in favour

of wives.

CONFTANTIAL