TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 82

ESSENTIAL FACTS

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B

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1. The text of a new clause for the Nationality Bill which would meet Hong Kong's essential points has been agreed by Ministers. (The other

two points raised by the Governor nomenclature and automatic right to British citizenship for CBDT wives of British citizens never stood much chance and were rejected by the Home Secretary). The Governor and EXCO and UMELCO will be aware of the provisions of the amendments to be tabled. If as expected the amendment is tabled before Lord Carrington's arrival in Hong Kong there will be no need for secrecy about the text. However the Government may not by then have given its explanation of the amendments. The Home Secretary at the meeting with Lord Carrington will probably wish to ensure that Lord Carrington

2.

a. does not describe the purpose or effect of the amendments

differently from what the Government intend to say in Committee; and

b. does not say or imply for whom or to what extent the Home

Secretary is likely to use his discretionary powers in relation to public servants other than that they would be used 'very sparingly'.

The Government's explanation of the amendments is expected to be along the lines that at present non-patrial CUKCs (eg from the colonies

or East African Asian UKPH) are entitled to right of abode in the UK after 5 years' of ordinary residence, so it seems reasonable to grant them a similar entitlement in the Bill by some simpler procedure than naturalisation. Similarly it seems equitable to make a provision for the Home Secretary to have discretion in special circumstances to grant British citizenship to Crown Servants (and others who have performed comparable service in a dependency) by analogy with the discretionary provision to naturalise a person in Crown Service overseas under HMG in the UK (eg in a diplomatic mission or Ministry of Defence establishment overseas). If asked the Government is expected to deny that this provision is addressed to any particular set of circumstances in any dependency; or that it is an entitlement or promise of British citizenship to all or certain categories who serve the Crown in a dependency; or that it will be used any more liberally than the provision for naturalisation of other Crown Servants and, as the White Paper said,

/that

CONFIDENTIAL