TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 254

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it is proposed under new law that both sexes should k treateC The non-british spouse may apply for British Citizensnir after residence in the UK, subject to the usual naturalisation criteria. (There will be a similar provision for Dependent Territories Citizen- ship.') There will, however, be no provision for acquisition of citizenship whilst the couple remain overseas, which would lead to a conflict with HMG's immigration policy on foreign husbands. This is likely to be very controversial but not, of itself, of prime concern

to the FCO.

However, FCO Legal Advisers believe that a provision on the lines proposed would conflict with the 1957 UN Convention on the Nationality of Married Women and that we could only adopt such a provision if we denounced the Convention (which is, in any case, outdated). It would not however, conflict with the 1979 UN Convention on the Elimination of Discrimination Against Women, not yet signed.

The FCO Legal Advisers are content that the White Paper wording (para 76) is sufficiently vague to paper over the cracks of our differences with the home Office on this issue. We have agreed to hold a further meeting in due course, with Legal Advisers from both Departments present.

to resolve the difficulties.

ALCUISITION OF CITIZENSHIP FOLLOWING ADOPTION OVERSEAS (PARA 48,

Provision will we made for British Citizenship to be acquired by children egally adopted in the UK but no provision is intended for

The Home Office childrer adopted by British Citizer parents overseas.

fear that such provision would be open to abuse and lead to an unacceptable. ration commitment. We disagree and have suggested the terms of a discretionary provision which we believe would safeguard against adoptions of convenience. (Adoptions in certain overseas Countries nave long beer valid in British law for all purposes excerT nationality. In any case, a child adopted overseas by a CUKC parent with right of abode in the UK is admissible under the immigration

rules.

FCO Legal Advisers believe that we are already or contravention of i Luropean Convention or the Adoption of Childrer by raking nor