TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 137

British Nationality Bill

2 JUNE 1981

nces into line with the general criteria on so that immigration rules and citizenship laws should as far as possible be brought into line.

The Secretary of State's power can be delegated to the governor, so that governors in various dependencies will be able to deal with the problem of registration. I have no evidence to support the suggestion made by my hon. and learned Friend that there is here a breach of international law. If he wants a more detailed assessment of our obligations, in international law, to these dependencies and third countries, I shall be pleased to give him more details later on.

Mr. Alexander W. Lyon: This matter was not argued in Committee, and I should be interested in the answer.

Each colony will have its individual ordinances, but what is the position of a citizen of a dependent territory deported from France whose normal place of abode is the Turks and Caicos Islands and who is returned to Hong Kong? Is he to be admitted by Hong Kong in those circumstances because in international law it is part of the citizenship of dependent territories?

6.30 pm

Mr. Luce: I hesitate to give a detailed answer when talking about international law and obligations. Obviously, I must get my facts right, and I have already assured my hon. and learned Friend the Member for Darwen (Mr. Fletcher-Cooke) that I will clarify the matter.

Under international law we have obligations to look after the interests of citizens of British dependent territories in relation to third countries. I cannot say how we would deal with the question of deportation, but I will write to my hon. and learned friend and to the hon. Member for York (Mr. Lyon). We have important obligations and they are not weakened by the Bill.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

New clause 3

Registration and naturalisation under British Nationality Acts 1948 to 1965.

'(1) After the passing of this Act—

(a) a person shall not be registered under any provision of the existing nationality Acts as a citizen of the United Kingdom and Colonies or a British subject; and

(b) a certificate of naturalisation shall not be granted to a

person under any provision of those Acts,

unless-

(i) any fee payable by virtue of those Acts in connection with the registration or, as the case may be, the grant of the certificate has been paid; and

(ii) where applicable, the person in question has taken the oath of allegiance which, but for this section, he would have been required by those Acts to take in connection with the registration or as the case may be, the grant to him of the certificate.

(2) Any provision of the existing nationality Acts which provides for a person to be entitled to registration as a citizen of the United Kingdom and Colonies or a British subject shall have effect subject to subsection (1).

(3) A person registered after the passing of this Act under any provision of the existing nationality Acts as a citizen of the United Kingdom and Colonies or a British subject shall be such a citizen by registration or, as the case may be, a British subject by virtue of that provision as from the date on which he is so

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registered; and a person to whom a certificate of naturalisation is after the passing of this Act granted under any such provision shall be a citizen of the United Kingdom and Colonies by naturalisation as from the date on which the certificate is granted. (4) The following provisions of the existing nationality Acts, namely-

(a) in the 1948 Act, section 9 and, in section 10(1), the

words from "and the person" onwards; and

(b) section 1(2) of the British Nationality Act 1965, shall not apply in relation to any application for registration or for a certificate of naturalisation under any provision of the existing nationality Acts, whenever made, unless the person to whom that application relates has been registered or, as the case may be, granted such a certificate before the passing of this Act. (5) In this section "the existing nationality Acts" means the British Nationality Acts 1948 to 1965.'-[Mr. Raison.]

Brought up, and read the First time.

Mr. Raison: I beg to move, That the clause be read a Second time.

Mr. Speaker: With this, we may take Government amendments Nos. 58 to 61 and. 63 to 65.

Mr. Raison: Taken with the various consequential amendments to clause 49 and schedules 8 and 9, the new clause seeks to simplify the current procedures for registration and naturalisation and will help to reduce some of the delays in dealing with applications for citizenship. It is envisaged that, unlike the other provisions of the Bill, these measures will come into force as soon as the Bill receives Royal Assent. They will, therefore, have an immediate impact and are framed in terms of alterations to the current nationality legislation.

The problem that the amendments seek to relieve is that, under present law, once a decision has been made to grant, for example, a certificate of naturalisation, it is necessary to write to the applicant on three separate occasions.

First, the applicant is asked to check the details that are to appear on his certificate of naturalisation, such as his name. He is also asked to send in his fee. The certificate is made out and signed on behalf of the Home Secretary. The applicant is approached a second time and asked to take the oath of allegiance before a solicitor or other authorised person. The oath of allegiance for applicants for naturalisation is printed on the back of the naturalisation certificate. The applicant returns that to the Home Office. His certificate is duly sealed, and the Home Office writes to him for the third and final time, with the certificate of naturalisation. He is a naturalised citizen from the time his certificate is signed, but that is conditional on his taking the oath of allegiance. Broadly similar procedures apply with most applicants for citizenship by registration. There is no discretion to simplify those procedures under existing legislation.

It would greatly help the flow of work if the second stage of the process-the request to the applicant to take the oath of allegiance-could be included in the first stage. Applicants could then be asked in one letter to check the details to appear on their certificate, send the fee and take the oath of allegiance. A time-taking stage in the process of naturalisation would be eliminated. That would simplify matters for the applicant, would save staff time and effort and would reduce some delays.

Under clause 39 we propose to adopt that system when the Bill comes into force, but it may be some little time before the Bill comes into force, since much preparation has to be done. In the meantime, the provisions of the British Nationality Act 1948, as amended, will apply, and

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