TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 179

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CONFIDENTIAL

Mr W Ehrman

Our Reference NTY/85 1/387/3

15 August 1985

not to mention passports at all in this article, but having agreed to do so we must do so in a way which clearly links provision of a passport to acquisition of BN(0) status. To fit in with the way in which British nationality has generally been acquired for many years, the process of acquisition of the new status will be termed registration. But as we have made it clear, registration will in effect be indivisible from the passport issuing process, and will be simplified to the very minimum.

EXCO also asked about the status of children born after 1997 to BN (0)s settled in Hong Kong:

2)

in another Dependent Territory

b)

in the United Kingdom

c)

elsewhere.

The simple answer is that the place of birth makes no difference as regards British nationality. If the children would otherwise be stateless they will be BOCS at birth under the terms of Article 6(2). If they are not stateless, they will hold whatever foreign nationality they acquire at birth, and will not be BOCS. They cannot be BN (0)s, because that status cannot be acquired after 30 June 1997: they cannot be BDTCs, because neither parent will by then be a BDTC or settled in a Dependent Territory (Hong Kong having ceased to be a Dependent Territory on

1 July 1997): and they cannot be British citizens because neither parent will be a BC or settled in the UK.

EXCO have also asked for a schedule setting out the rights and duties of Commonwealth citizens. We sent you some time ago a schedule setting out the results of our researches so far into this matter. There is nothing further we can add at this stage: our researches will be continuing for some time. In this connection Hong Kong may like to know that we have made enquiries of some of the larger Commonwealth countries about the rights and duties of Commonwealth citizens in those countries. None of the countries approached apparently make any specific provisions of any sort for Commonwealth citizens: indeed it seems that they do not even define the term. We do not propose to make any further enquiries.

EXCO also asked to know the circumstances in which a BN(0) could vote in UK elections and stand for UK Parliament. We understand that a Commonwealth citizen can vote in UK elections if he or she is on the Electoral Register. To get on the Electoral Register a person must be resident in the UK on the day the Register is compiled. Residence in this context connotes a degree of permanence. Up to now, no-one resident abroad could vote in UK elections. The Representation of the People Act 1985 provides for British citizens resident abroad to vote, but not other British Nationals or Commonwealth citizens. Any Commonwealth citizen over 21 can stand for Parliament if his nomination papers are supported by the requisite number of electors. There are no residential qualifications. In theory, therefore, a Commonwealth citizen may stand for UK Parliament without ever having set foot in this country. In practice it is unlikely that such a person would receive the requisite amount of support to be nominated.

We should be grateful for any comments you and Hong Kong officials may have on the draft White Paper, and the revised list of connections. If there is any substantive

CONFIDENTIAL