TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 125

1/LIS O

TH JANUARY, 105

DIS EXCOMMISSIONER

PASSAGE FOUR

GE FOUR

11...! TURN NOW TO THE DETAILER PROVISION OF THE BILL. CLAUSE 1 DEALS WITH THE ACQUISITION OF CITIZENSHIP BY SIRTH AFTER COMMENCE- SEAL MENT. AT PRESENT· ANYONE BORN HIRE BECOMES ONE OF OUR CITIZENS UNLESS, BROADLY SPEAKING, HIS FATHER IS A DIPLOMAT.

AS I HAVE ALRADY SAID, HOWEVER, IT IS INCREASINGLY THE CASE THAT CHILDREN ARE BORN WHILE THEIR PARENTS ARE HERE TEMPORARILY. THE PRESENT ARRANGEMENTS LEAD TO SIGNIFICANT NUMBERS OF PEOPLE ACQUIRING THE RIGHT OF A30DE HERE ALTHOUGH THEY HAVE NO REAL TIES WITH THIS COUNTRY.

CLAUSE 1(1) ACCORDINGLY PROVIDES FOR A CHILD TO BE A BRITISH CITIZEN AT BIRTH ONLY IF ONE OF HIS PARENTS IS A BRITISH CITIZEN OR IS SETTLED HERE. THERE ARE, OF CORUSE, AS THE WHITE PAPER ACKNOWLEDGES, SOME PRACTICAL PROBLEMS INHERENT IN THIS PROPOSAL BUT WE BELIEVE THAT THEY CAN BE. OVERCOME.

I HAVE ALREADY REFERRED TO CLAUSE .. IT PROVIDES GENERALLY FOR CHILDREN 30RM ABROAD IN THE FIRST GENERATION TO DECOME CITIZENS BY DESCENT IF ONE OF THEIR PARENTS IS A CITIZEN BY SIRTH. CITIZENSHIP WILL NOT BE TRANSMISSILE AS OF RICHT BEYOND THE FIRST GENERATION EXCEPT IN CAREFULLY PRESCRIBED CIRCUMSTANCES. A CHILD WILL DE A BRITISH CITIZEN IF ONE OF THE PARENTS IS A PRITISH CITIZEN, ALTHOUGH NOT A CITIZEN BY DIRTH, AND IS IN CROWN SER ICE OR SERVICE WHICH IS DESIGNATED AS BEING CLOSELY ASSOCIATED WITH THE ACTIVITIES OVERSEAS OF HER MAJESTY'S GOVERNMENT. AN EXAMPLE WOULD BE THE BRITISH COUNCIL.

CITIZENSHIP CAN ALSO BE TRANSMITTED FOR MORE THAN ONE GENERATION BY REGISTRATION OVERSEAS WITHIN A YEAR OF BIRTH WHERE THE MOTHER OR FATHER IS A CITIZEN AND IS ENGAGED IN EMPLOYMENT OVERSEAS WHICH HAS A CLOSE CONNECTION WITH THE UNITED KINGDOM. THIS INCLUDES UITED TINGDOM FIRMS AND COMPANIES WITH OVERSEAS BRANCHES AND INTERNATIONAL ORGANISATION OF WHICH THE UNITED KINGDOM GOVERNMENT IS A MEMBER. THIS IS SET OUT IN CLAUSE 3, SUD-SECTIONS (1) TO (4) AND (7).

THESE PROVISIONS RECOGNISE THAT PEOPLE CAN REMAIN CLOSELY ATTACHED TO THE UNITED KINGDOM WHILE SPENDING LONG PERIODS OF THHEIR WORKING LIVES ABROAD. I AM SURE THAT THE HOUSE WILL WELCOME

THEY WILL REPLACE THE PRESENT ARRANGEMENTS FOR CONSULAR REGISATRATION AND, UNLIKE THESE ARRANGEMENTS, WILL APPLY TO BIRTHS IN COMMONWEALTH AS WELL AS FOREIGN COUNTRIES.

CLAUSE 3(1) OF THE ILL CONTINUES THE EXISTING DISCRETION CONFERRED ON ME BY SECTION 7 OF THE 1943 ACT TO REGISTER ANY MINOR CHOLD.

CLAUSE & DEALS WITH THE ACQUISITION OF CITIZENSHIP JY NATURALISATION. SUR-SECTION (2) MAKES SPECIAL ARRANGEMENTS, TO MICH I HAVE ALRADY REFERRED, FOR THE ACCUISITION OF CITEONSHIP OY THE HUS CAN OR IF OF AN EXISTING CITIZEN. THE ARRANGEMENTS ARE SET OUT IN DETAIL IN SCHEDULE 1. THE MAIN POINT TO CTE IS THAT A HUSBAND OR VIFE

RITISH CITZEN CAN APPLY 703 ATURALISATION AFTER THREE YEARS! DENCE WHEREAS FOR OTHER PERSONS THE REQUIREMENT WILL BE FIVE RST RESIDENCE.

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