TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 38

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Hong Kong and the other dependencies and the evidently close connection that many of those who serve the Crown in those

dependencies have with the UK. However, to the extent that there is no erosion of an existing right, we are content to see the safeguard being provided through the process of naturalisation which would enable a large measure of control to be retained by the Home Secretary over the numbers involved. We have already put forward proposed amendments to the Bill to provide for this, but for the sake of completeness these proposals are set out again at Annex D.. The wording of these amendments assumes that "Crown service" for this purpose means service of a substantial nature in either an unofficial or official capacity. If this assumption is incorrect the amendment at Annex E (see paragraph 16 below) will be of even greater importance.

16.

Additionally, while we consider it important that Hong Kong CBDTs who complete five years' residence in the UK in future should be entitled to be registered as British citizens (see paragraphs 9-11 above), we would envisage situations where Hong Kong CBDTS may also wish to seek to acquire British citizenship by naturalisation (e.g. on grounds of Crown service). We consider that it would only be an accurate reflection of their closer constitutional relationship and affinity with the UK that citizens of the remaining dependent territories seeking naturalisation as British citizens should be accorded some preference over aliens, especially in cases where an applicant has, by his conduct or activity, brought substantial benefits to the economic or social development of the UK or of the dependency in question. amendment to achieve this is set out at Annex E. While it is not

expected that this proposed provision (which it should be noted is entirely discretionary) would be used except very sparingly, its inclusion would be of important presentational value in Hong Kong (and, no doubt, in the other remaining dependencies as well).

Citizenship by Birth

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Under the existing law, a child born in Hong Kong automatically becomes a CUKC by birth, the only exceptions being children born to accredited diplomats or enemy aliens. The Bill proposes that a child born in Hong Kong will automatically become a CBDT only if, at the time of the birth, either one of his parents.

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