TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 7

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In addition a new Clause 4A has been proposed at Annex G to provide for a CBDT who is married to a British citizen to have an entitlement to register as a British citizen by virtue of that marriage alone, thereby placing CBDTs in a better position than aliens married to British citizens, The latter would still have to apply for naturalisation after three years' residence in the UK.

Crown and Other Service

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Regardless of whether the proposals in paragraphs 12-14 above are achieved, there is a need for special recognition to be given to Unofficials and Officials in Crown service (past and present), in accordance with Members' previous advice. In addition Sir S.Y. CHUNG has proposed that recognition should similarly be given to those who have contributed to the economic and social development of Hong Kong. It is for consideration whether an amendment to achieve this should be sought.

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Draft amendments with regard to Crown service have already been put forward to the FCO and to Messrs. Lyons and Whitney see Annex H. Recognition for service contributing to economic and social development is included in the draft amendment at Annex I which also provides for priority to be given to CBDTs over aliens who apply for naturalisation as British Citizens.

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 is a CBDT (whether by birth or otherwise) or is "settled" in Hong Kong. The Bill defines "settled" as "being originarily resident

without being subject under the immigration laws to any restriction on the period for which he may remain". Under the Hong Kong Immigration Ordinance (Chapter 115), a person who is not a 'Hong Kong belonger" would achieve resident status only after seven years of ordinary residence.

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...

The effect of the change is that, in future, children born in Hong Kong to recent immigrants who have not yet achieved resident status would not become CBDTs. On the other hand, they can probably not be regarded as stateless because they may have the nationality of their parents. In the case of children born to recent immigrants from China, under Chinese nationality laws, they would be Chinese nationals.

CONFIDENTIAL