TNAG-1558-FCO40-2122-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 131

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For our purposes, this means that the requirements for resi- dency and citizenship of Portugal are specific: any person who meets those requirements must automatically receive the right of residency in Portugal.

To understand the force of the Roman system of law, consider one aspect of the American, Australian, Canadian or New Zealand law of citizenship: any person born in one of those countries (other than the children of diplomatic personnel) automatically and without exception is a citizen of that country with all the rights thereof. In other words, in these countries citizenship by birth is a right, stemming from "jus solis," the.law of terrestrial origin (unlike the United Kingdom where it is a grant depending on your parentage--based on "jus sanguinis," the law of parental origin).

Citizenship by naturalisation, on the other hand, is a grant or a permission--not a right--and may be revoked, although such revocations are rare.

Harking back to the ancient system of the rights of Roman citizens under Roman law, Portuguese law offers the right of resi- dency followed by the right of citizenship to anybody who meets the specified requirements.

This is an important distinction. When emigrating to Canada or the United States, you are being granted a permission because in your presence the government sees some benefit to the country. Whether that benefit is increased happiness for one or more of its citizens (reunion of family members) or helping the govern- ment at the next election (more jobs) your status is indeter- minate until such time as you have qualified for citizenship: only when become a citizen do you have status under the law by right rather than by permission.

Clearly, the simple right to reside does not bring the country any benefits. Only the obligation to reside--to "actively contribute" to the economy--brings those advantages the government seeks.

The attitude of Portuguese law is currently quite different, and is reminiscent of the requirements for Roman citizenship in the Roman empire 2,000 years ago. When Rome ruled the "known" world, Roman citizens were an elite within the empire. Citizens had rights--for example, protection from arbitary punishment by the authorities, and the right to a trial. By comparision, the Roman authorities could punish anyone who was not a citizen without any due process of law.