TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 45

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LORD BRUCE OF DONINGTON'S FALKLAND ISLANDS (BRITISH CITIZENSHIP) BILL

Recommendation

1.

To agree the Home Office draft speech for Lord-Elton at the Second Reading as amended by Foreign Office departments. FID, HKGD, SED, WIAD, SPD and ECD(I) concur.

Background

2. The effect of the British Nationality Act 1981 in the Falkland Islands will be to make, in round numbers, 1400 of the 1800 Islanders British citizens. Most of these will also become British Dependent Territories citizens. The remaining 400 Islanders will be British Dependent Territories citizens only.

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3. Lord Bruce's amendment is designed to make all the Islanders who are at present Citizens of the United Kingdom and Colonies British citizens when the Act comes into force on 1 January. It is accepted that this amendment will probably succeed. The Second Reading is expected to take place during the week beginning Monday 18 October.

4. The amendment is unwelcome to the Home Office. Mr White- law sees it as a threat to the essential distinctiveness of British citizenship which alone carries the right to enter and live in the United Kingdom. We foresee complications in our relations with Hong Kong where there will be resentment against an exception made for the Falkland Islands that is not extended to them. There may also be discontent in other Dependencies.

5. Foreign Office Ministers would have preferred this amend- ment to be handled lightly in order to avoid making heavy weather of an inevitable setback in the Lords. But after con- sideration Mr Whitelaw decided to give priority to the immi- gration aspect of this problem. The outcome is the Home Office's draft speech which we have amended on points of detail but cannot fundamentally alter.

Christophen Howells

C J Howells

Nationality & Treaty Dept

14 October 1982

cc:-

Lord N Gordon Lennox

Mr Ure

Mr Donald

Mr Fearn, FID

Mr elift, HKGD

Mr Wilson, SED

Mr Edwards, WIAD

Mr Carruthers, SPD

Mr Spreckley, ECD (I) Parliamentary Unit

Mr Addison, Home Office

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