TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 46

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RECEIVED IN REGISTRY. 21

0 2 DEC 1980

L.SK OFFICER

cc Mr Arbuthnott, British CounciİNDEX

Mr Petit, ODA

Mr Spreckley, ECD(I)

Mr Morri HK&GD

Mr Ralph, UND

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NEW NATIONALITY LAW: THE CHILDREN OF CROWN SERVANTS

1.

The following note may be useful in connection with the meeting in your office at 3.15 on Wednesday 26 November.

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overseas

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Generally speaking the new nationality law will limit transmission of British citizenship to the first generation born that is, only a parent (father or mother) born in the UK will be able to transmit citizenship to a child born overseas. But if British citizen parents who were not born in the UK have a child born overseas they will be entitled to register their child as a British citizen after 3 years residence in the UK with the child during his minority. Thus in broad terms the new nationality law will give British citizenship to the child born overseas to a UK born father or mother, and that will cover by far the majority of UK businessmen, international civil servants et al. It will also cater for the British parents by descent who have a child born overseas while on, say, a three year contract and who then return to the UK, but the British family settled overseas will no longer be able to transmit their citizenship beyond the first generation.

3.

There are two categories for whom exceptional treatment is to be provided the children born overseas of Crown Servants and the children born overseas of a parent employed with a business or certain other types of organisation based in the UK.

The children of Crown Servants will be regarded as British citizens by birth. Thus they in turn will automatically transmit their citizenship to any of their children born overseas.

Children of people in the second category will acquire British citizenship subject to certain requirements (which would probably not be onerous) but these children will not be British citizens by birth and so will not be able automatically to transmit their citizenship to their children born overseas.

4. The position of near Crown Servants - examples are employees of international organisations like the European Community and the UN, OSAS personnel and British staff recruited in the UK by colonial governments must be seen in relation to the two groups mentioned above. For Crown Servants the Home Office are prepared

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