TNAG-0980-FCO40-1199-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 86

HOME OFFICE

QUEEN ANNE'S GATE

Sr

LONDON SWH 9AT

21 October, 1980.

Dear Parliamentary Clerk

I ar

1. As you will probably be aware, the Government have recently published a White Paper outlining their proposals for new British nationality legislation (British Nationality Law, Outline of Proposed Legislation Cmnd. 7987). enclosing a copy of Farts B and G which are relevant for the purposes of this letter. It is intended to introduce a Nationality Bill giving effect to the proposals in the White Paper as soon as Parliamentary time permits.

2. Under the British Nationality Act 1948, the term British subject/ Commonwealth citizen (the terms are synonymous) is used to denote the status held by all citizens of the independent Commonwealth countries, including the United Kingdom and Colonies.

As you will see from paragraph 106 of the White Faper, it is proposed to discontinue the use of the term British subject and in future Commonwealth citizen alone will be used. As explained in paragraph 110, it is envisaged that the Bill will provide that where an existing statutory duty, entitlement or restriction etc. is expressed in terms of British subject, that term should continue to have the same meaning as it has at present under the British Nationality Act 1948. It has not yet been decided exactly how this will be done, nor whether all the statutes etc. using the term British subject will need to be listed in the Bill. It is clear, however, that for the purposes of the Dill, and for piloting it through the House, it will be necessary for us to have a comprehensive list of all legislation (including subordinates legislation) which refert to British subjects.

3.

I should be grateful, therefore, if you would supply us with a list of all the legislation containing the term "British subject" for which your Department is responsible, giving the section(s) of the Acts etc. concerned, and a brief description of their purpose.

4. It is also proposed (see paragraphs 14 to 17 of the White Paper) that the present all-embracing citizenship of the United Kingdom and Colonies shall be replaced by three new citizenship, i.e. British Citizenship, Citizenship of the British Dependent Territories, and British Overseas Citizenship. British Citizenship will denote those persons who have a close connection with the United Kingdom (including the Channel Islands and the Isle of Man) by virtue of their own or their parents' or grandparents' birth, registration, naturalisation or adoption there; it will also be acquired by those present citizens of the United Kingdom and Colonies who derive their citizenship from the dependencies or former dependencies and who have now become settled in this country. British Citizenship will carry with it the right of abode in the United Kingdom. Citizenship of the British Dependent Territories will be held by those citizens of the United Kingdom and Colonies who have close connections with an existing dependency. British Overseas Citizenship will be held

by all those