TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 166

PRIVILEGES AND LIABILITIES OF COMMONWEALTH CITIZENS (AS DEFINED IN S. 37 AND S. 51 OF THE BRITISH NATIONALITY ACT 1981) NOT

SHARED BY ALIENS

A.

PRIVILEGES

Relevant Legislation

Nature of Privilege: and possible exceptions.

W

References to "British subjects are

Section 3 Act of Settlement 1700 as amended by Schedule 7 British Nationality Act 1981

Schedule to the Local Government

(Application of Enactments) Order 1898 Article 12 (4)(a)

Section 57 Local Government Act 1933 Section 31 London Government Act 1939

Representation of the People Act 1948

Section 3 Act of Settlement 1700 as amended by Schedule 7 British Nationality Act 1981

(Also in relation to Civil Service

The Aliens Restriction (Amendment) Act 1919).

synonymous with Commonwealth citizens by virtue of S. 51 of the British Nationality

Act 1981

May be a Privy Councillor or may be elected to Parliament

Membership of Local Authorities

(a) England and Wales

(b) (c)

London

Northern Ireland

May vote at Parliamentary and local Government elections

May held any office or place of trust under the Crown including:

(1) Civil Service*ø

(2)

H.M. Forces+ø

(3)

The Police d

་

*Under the Aliens' Employment Act, 1955,

the employment of an alien in a civil capacity under the Crown may be authorised by the competent Minister if no suitable British subject is available or if the alien has exceptional qualifications or experience.

+Aliens may be enlisted and hold a commission

on a restricted basis (eg The Ghurkas).

A Commonwealth citizen who is not a British citizen is required to have a parent who is (or was at death) a Commonwealth citizen or have lived in a Commonwealth country or have served in Crown Service, for five years out of the past eight years. There is discretion to waive these requirements in certain circumstances (of the rules of each Service).