TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 2

to consider what recommendations should be submitted to Council as regards the relative priority, from Hong Kong's point of view, of the suggested amendments.

This memorandum sets out the findings and recommendations of the Joint Working Group and seeks Members' advice on them.

Erosions of Existing Rights

4

The existing rights of Hong Kong CUKCs will be eroded in the following ways if the bill is enacted in its present form:

(a)

(b)

(c)

(d)

(e)

(f)

Common Citizenship with the UK: the most fundamental change in the status of Hong Kong CUKCs is that they will no longer share a common citizenship with those CUKCS based in the UK.

Right of Abode in UK: a Hong Kong CUKC at present acquires the right of abode in the UK after five years' residence there, without any further formalities. In future the right of abode will have to be gained by naturalisation.

Wives: wives of citizens will no longer be able to register at once but will have to apply for naturalisa- tion after three years' residence. (On the other hand, husbands of citizens have no right at present to register and can only acquire citizenship by naturalisation after fulfilling the normal requirements. In future they can seek naturalisation after three years' residence).

Crown Service: Crown service under the Government of Hong Kong will no longer be equated with Crown service under the Government of the UK for various purposes (including naturalisation).

Citizenship by Birth: birth in Hong Kong will no longer confer either CUKC or CBDT citizenship automatically.

Transmission of Citizenship: transmission of CBDT status to children born abroad will be on a more restrictive basis than at present. (However, if the Government amendment moved by Mr Raison to permit the transmission of citizenship, not only by those who are CBDTs by birth but also by naturalisation and registration, is passed, the erosion will not be so serious).

The erosions set out above are now examined in the following paragraphs.

G.S. 166

CONFIDENTIAL

機密