TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 138

CONFIDENTIAL GPS die CONFIDENTIAL

FM HONG KONG 021007Z JUN 81

TO PRIORITY F C O

TELEGRAM NUMBER 549 OF 2 JUNE

INFO PRIORITY HONG KONG GOVERNMENT OFFICE LONDON.

NATIONALITY BILL

TO Here 340/i

RECEIVED IN REAKTRY NO. 51 3 - JUN 1981

DESK OFFICER

INDEX

ملل

PA

1278)

REGATHY Action Taken

WE NOTE THAT MR. RAISON HAS TABLED A NEW CLAUSE (NC 1) WHICH PRESERVES FOR FIVE YEARS THE EFFECTS OF EXISTING CONSULAR REGISTRATION PROCEDURES, SO THAT A CHILD BORN IN A FOREIGN COUNTRY

TO A MALE BRITISH CITIZEN BY DESCENT WITHIN 5 YEARS OF COMMENCEMENT WOULD BE ENTITLED TO BE REGISTERED AS A BRITISH CITIZEN.

PGO 10161

See (288

294

2. THERE ARE NO CORRESPONDING PROVISIONS TO COVER CHILDREN BORN IN

DEPENDENT TERRITORIES TO MALE BRITISH CITIZENS BY DESCENT. WE APPRECIATE THAT CONSULAR REGISTRATION PROCEDURES HAVE NEVER APPLIED

UNDER TO DEFENDENT TERRITORIES, BUT THIS IS PURELY BECAUSE, EXISTING LAW, CHILDREN BORN IN DEPENDENT TERRITORIES AUTOMATICALLY

BECOME CUKC'S AND THE QUESTION OF REGISTRATION DOES NOT ARISE.

3. IT WOULD APPEAR THAT ERITISH CITIZENS BY DESCENT LIVING IN DEPENDENT TERRITORIES WILL BE IN A WORSE POSITION THAN THEIR COUNTERPARTS LIVING IN FOREIGN (1.E. NON-COMMONWEALTH) COUNTRIES AS A RESULT OF THE INTRODUCTION OF NC 1. WE DOUBT IF THIS IS HMG'S INTENTION. WE SHOULD THEREFORE BE GRATEFUL IF YOU WOULD CONSIDER THE MATTER AND SEE HOW THE ANOMALY MAY BE REMOVED.

4. WE ALSO NOTE THAT, AS A RESULT OF AMENDMENT NO. 26 TABLED BY MR. RAISON, A PERSON WHO IMMEDIATELY BEFORE COMMENCEMENT HAD THE RIGHT OF ABODE IN THE UK BY VIRTUE ONLY OF SETTLEMENT IN THE UK WITH FIVE YEARS' ORDINARY RESIDENCE THERE WILL BE A BRITISH CITIZEN BY DESCENT. IN SUCH A CASE THE ACQUISITION OF BRITISH CITIZENSHIP

BUT AS THE WILL, WE UNDERSTAND, BE AUTOMATIC UNDER CLAUSE 9, CITIZENSHIP WILL BE REGARDED AS BEING BY DESCENT TRANSMISSION TO CHILDREN BORN OVERSEAS WILL BE MORE RESTRICTED. WHERE THE PERSON CONCERNED IS, SAY, A HONG KONG CUKC, WOULD IT BE POSSIBLE FOR HIM,

NOTWITHSTANDING CLAUSE 9, TO SEEK REGISTRATION UNDER CLAUSE 4 (ESPECIALLY IN THE LIGHT OF AMENDMENT NO. 17, ALSO PROPOSED BY MR. RAISON) SO AS TO OBTAIN BRITISH CITIZENSHIP BY REGISTRATION RATHER THAN BY DESCENT? WE SHOULD BE GRATEFUL FOR YOUR CLARIFICATION

ON THIS POINT.

MACLEHOSE

LIMITED

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73.6.

316