TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 53

b)

c)

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The second option would be to add a sub-paragraph to paragraph 1 of Schedule 1, giving the Home Secretary discretion to make special provision for naturalisation for people in public service in all Dependent Territories in the event of a change of status in such a territory. This option would avoid the risk of Dependent Territory Crown Servants applying for naturalisation at any time after the enactment of the Bill.

'Public service' would need to be defined to include other than

paid employees (eg Members of the Executive and Legislative Councils). It would also enable the Home Secretary to argue in

Parliament that his discretion would be highly circumscribed. But, with its reference to a possible change of status it would

draw more direct attention to the problem of Hong Kong'

future and might harm confidece.

'S

Another possibility is to add a further sub-paragraph to Paragraph 1 of Schedule 1 to allow Crown Service in a Dependent Territory to count towards the United Kingdom

residence requirement for eligibility to apply for

naturalisation. This option would not solve the problem

but could speed up the naturalisation process. But it

would be of little value without some form of assurance

on entry to the United Kingdom.

4.

Action Outside the Bill

United Kingdom

Assurance on entry to the

Although not the option preferred by Hong Kong, an assurance (implied or explicit) on entry into the United Kingdom in the event of an unforeseen change of status of a Dependent Territory might

meet the case. It would not require amendment to the Nationality Bill, since the Home Secretary already has absolute discretion to admit anyone he chooses. (It might in some circumstances be worded to apply to Hong Kong alone but it would probably cause fewer difficulties if it covered the Dependent Territories as a whole).

Such an assurance could be:

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/a)