TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 124

76

30

MUARY, 1931.

COMMISSIONER

SAGE THREE

IT IS CLAIMED THAT CLAUSE 1 IS RACIALLY DISCRIMINATORY. FRANKLY 120 NOT UNDERSTAND THE BASIS FOR THIS CLAIM. CLAUSE 1 SAYS THAT A CHILD BORN HERE SHALL DE A BRITISH CITIZEN AT DIRTH ONLY IF ONE OF HIS PARENTS IS A BRITISH CITIZEN OR IS SETTLED HERE: THE PROVISION TAKES ACCOUNT OF THE INCREASING NUMBERS OF CHILDREN BORN TO VISITORS, STUDENTS AND OTHERS WHO ARE HERE ONLY TEMPORARILY. IT WOULD ALSO COMER CHILDREN OF ILLEGAL ENTRANTS AND OVERSTAYERS. BUT A PERSON'S RACIAL ORIGIN IS NOT RELEVANT AND I FAIL TO SEE ANY SUBSTANCE IN THE CRITICISM OF CLAUSE 1 ON RACIAL GROUNDS. THE CLAUSE INTRODUCES IN THIS AREA MUCH THE SAME SYSTEM AS OPERATES IN MOST OTHER COUNTRIES IN EUROPE. THE GOVERNMENT'S PROPOSAL IS IN FACT MORE GENEROUS THAN THE IRS, SINCE A CHILD COULD BE BORN A BRITISH CITIZEN NOT ONLY IF

NE OF HIS PARENTS IS SUCH A CITIZEN BUT ALSO IF ONE OF HIS PARENTS IS SETTLED.

NOTHER PROVISION WHICH HAS BEEN DESCRIBED AS RACIALLY

ISCRIMINATORY IS CLAUSE 2. THIS CLAUSE SAYS THAT A CHOLD BORN UTSIDE THE UNITED KINGDOM AFTER COMMENCEMENT SHALL DE A BRITISH ITIZEN IF AT THE TIME OF THE BIRTH HIS FATHER OR MOTHER IS

BRITISH CITIZEN BY VIRTUE OF BIRTH IN THE UNITED KINGDOM. THE RESENT LAY ENABLES CITIZENS 3Y NATURALISATION OR REGISTRATION TO

!ENSILE (TOLZECSANIGEOTEISZAS NESTING DER ERDAYDAS CITIZEESTOYHẬTRTH. RITISH CITIZENS BY NATURALISATION OR REGISTRATION WILL NOT

NERALLY BE ABLE TO TRANSMIT CITIZENSHIP TO CHILDREN 30R ABROAD.

EY WOULD BE EQUATED WITH CITIZENS BY DESCENT IN THIS RESPECT.

IS IS AN IMPORTANT MATTER AND I CAN SEE THAT THERE IS ROOM FOR GUMENT ABOUT THE PRINCIPLE INVOLVED.. THE PROVISION IS NOT, WEVER, RECIALLY DISCRIMINATORY. ANYONE WHO IS A 3JRITISH TIZEN BY DESCENT WOULD ALSO BE UNABLE TO TRANSMIT, EVEN THOUGH MAY BE OF UNITED KINGDOM ANCESTRY. INDEED, IF RESIDENT IN A MONWEALTH COUNTRY, HE WOULD BE UNABLE TO TRANSMIT AT PRESENT.

THE BILL IS DOING IS TO PUT CITIZENS BY REGISTRATION OR URALISATION ON THE SAME FOOTING.

IT HAS

ELIEVE THAT THE GOVERNMENT'S POSITON IS REASONABLE. SISTANTLY BEEN THE AIM OF SUCCESSIVE GOVERNMENTS, SINCE WELL O THE LAST CENTURY, TO ENSURE THAT NATURALISATION WAS NOT BEING NTED TO PEOPLE WHO HAD NO REAL INTENTION OF LIVING HERE.

1 PEOPLE WOULD LIKE TO HAVE OUR CITIZENSHIP ONLY OR MAINLY

USE OF THE ADVANTAGES IT CONFERS IF THEY GO TO LIVE AND WORK DAD. IT SEEMS RIGHT, THEREFORE, THAT A PERSON WHO ACQUIRES OUR IZENSHIP DY REGISTRATION OR NATURALISATION AND THEN LEAVES AND

CHILDREN BORN TO HIM, OR HER, OVERSEAS, SHOULD NOT AUTOMATICALLY BLE TO POAGS ON THAT CITIZENSHIP.

OURSE, IF THE FAMILY LATER RETURN TO THE UNITED KINGDOM THAT NOTHER MATTER. CLAUSE (0) PROVIDES FOR AN ENTITLEMENT TO STRATION OF THE CHILD AS A CITIZEN WHERE HE OR SHE HAS LIVED FOR THREE YEARS WITH THE PARENTS AND 30TH OF THEM CONSENT.

HKGOVT G

POINT TA

NGEMENTS ARE SET OUT IN DETAIL