TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 125

354

Standing Committee F: 2nd April 1981

S.C.F

S.C. F

British Nationality Bill continued

NEW CLAUSES

Meaning of citizen of the British Dependent Territories by descent'

Mr Timothy Raison

To move the following Clause:

5

10

15

20

Standing Committee F: 2nd April 1981

355

British Nationality Bill continued

Eligibility for British Citizenship

Mr Alexander Lyon

NC2

NC 10

'(1) For the purposes of this Act a citizen of the British Dependent Territories is such a citizen "by descent" if and only if—

(a) he is a person born outside the dependent territories after commencement who is a citizen of the British Dependent Territories by virtue of section 14(1)(a) only or by virtue of registration under section 15(2); or

(b) he is a person born outside the dependent territories before commencement who became a citizen of the British Dependent Territories at commencement and immediately before commencement-

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of

the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male,

not being (in either case) a person whose father was at the time of the birth serv- ing outside the dependent territories in service of a description mentioned in sub- section (2), his recruitment for the service in question having taken place in a dependent territory.

(2) The descriptions of service referred to in subsection (1)(b) are--

(a) Crown service under the government of a dependent territory; and

(b) service of any description at any time designated under section 14(3).'.

Dual Citizenship

Mr J. Enoch Powell

To move the following Clause:-

NC1

(1) Notwithstanding any other provision of this Act, no person shall be registered under any of the provisions of this Act if he exercises, or if the Secretary of State is not satisfied that he does not intend to exercise, any rights appertaining to any other citizen- ship to which he may be entitled under the law of any country other than the United 5 Kingdom.

10

(2) No person shall be reputed or held to be a British citizen under any of the provi- sions of this Act at any time at which he

(a) is exercising any such right as is mentioned in subsection (1) of this section ; or (b) having exercised any such right has not made a declaration renouncing that

citizenship.'.

As an Amendment to Mr J. Enoch Powell's proposed new Clause (Dual Citizenship) (NCI):-

Mr Ivor Stanbrook

Line 10, at end add:

(a)

'Provided that the preceding provisions of this section shall not apply where allegiance is owed to Her Majesty the Queen in right of that other citizenship.'.

To move the following Clause:

'Any person who, before the commencement of this Act, was a citizen of the United Kingdom and Colonies, a British subject without citizenship or a British protected person and does not hold and is ineligible to acquire any other citizenship may apply for registra- tion as a British citizen to the Secretary of State who shall cause him to be registered as such a citizen.'.

5

British citizenship

Mr Alexander Lyon

To move the following Clause:

5

Any--

(a) citizen of the United Kingdom and Colonies;

NCA

(b) British subject without citizenship by virtue of section 13 or 16 of the 1948 Act

and

(c) any British subject by virtue of section 1 of the British Nationality Act 1965, who

is settled in the United Kingdom on the date of commencement of this Act shall be a British citizen.".

Schemes of citizenship for dependent territories

Mr Alexander Lyon

To move the following Clause:

NC4

13. The Secretary of State, before the commencement of the Act, shall proclaim by orders, subject to the approval of both Houses of Parliament, schemes for the citizenship of each of the dependent territories specified in Schedule 6.'.

Appeals to adjudication

Mr Alexander Lyon

NCS

To move the following Clause:-

"Where the Secretary of State makes any alteration relating to the grant or refusal of any application under this Act, save one relating to national security, the unsuccessful applicant may appeal to the adjudicator appointed under the Immigration Act 1971 on such conditions as are specified in that Act or the regulations made thereunder '.

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