TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 100

1.97

340

Mr. Willinghen J2.6 A. peah D217/6.

Foreign and Commonwealth Office

London SW1A 2AH

295

D.H.J. Hilary, Esq.,

Immigration and Nationality Depas atment,

Home Office,

Room 716A, Lunar House,

Wellesley Road,

Croydon.

Dear David,

Akk 340ll

16 June 1981

copied

RECEIVED 'N SEMITRY NO. 51 1 8 JUN 1981

DESK OFFICER

INDEX

مید

to the DAGES

Hana kana.

by Hes Hay

17/6/87

Pa

REGISTRY JAction Take

See

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CLAUSE 8 OF THE NATIONALITY BILL:

Pas 2017 ваго

CONSULAR BIRTHS REGISTRATION

1.

Had Mr. Whitelaw's meeting taken place this morning, I should raised the question of the undesirable effect on the dependent territories of the continuation of consular births registration. This has been pointed out to us by the Governor of Hong Kong (I believe his telegram was copied to Ingman) but I hasten to add that this does not affect Hong Kong alone; it affects all the dependent territories.

2.

Clause 8 of the Nationality Bill will place male British citizens living in foreign countries in a better position than their counterparts living in dependent territories and in Commonwealth countries. This, of course, is an anomaly which has existed for many years so far as other Commonwealth countries are concerned, and the provisions of Clause 8 will have no adverse effect on our citizens living there. The position of British citizens in the dependencies, however, is different.

3. Under current nationality law the child born in a dependency to a citizen of the United Kingdom and Colonies by descent is a CUKC by birth and can, under Section 2 of the Immigration Act 1971, acquire patriality from his parent or grandparent.

The Bill will put a stop to this, but the new Clause 8 will ensure that his counterpart born in a foreign country will continue, for five years after the passage of the Bill, to acquire the right of abode in the United Kingdom by virtue of his acquiring British citizenship.

4. At this late stage in the Bill we of course consult Mr. Luce before urging any modification in what has already been proposed to Parliament. I shall indeed consult the Minister on his

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