TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 180

To: Mr Donald Tsang, JP

Director of Administration, Chief Secretary's Office, Government Secretariat.

A Group of MS

7 March 1990

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in 17 in 1990

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Dear Donald,

We write as a group to place on record a problem raised by several of us as individuals with you in the past : the inability of our wives to obtain British nationality without a lengthy period of residence in the UK. Before the British Nationality Act 1981

1981 came into effect in 1983 the right to transmit British nationality from husband to wife was automatic. While the Act provides scope, under section 6(2), for the Home Secretary to exercise his discretion and allow the wives of Crown servants working overseas to become naturalized British subjects without

subjects without fulfilling conditions of residence in the UK, our impression is that this is exercised very sparingly. Several of us have applied to the Home Secretary for the exercise of his discretion : to date two applications have been rejected; four are under consideration; none have been approved.

The denial of full British nationality to our wives is affecting our morale, and the Home Office's current practice of routinely turning down applications for the exercise of discretion under section 6 (2) of the Act is also a source of pressure on us to leave HKG service and return to the UK in order that our wives may secure British citizenship by fulfilling the three year residence requirement. This is clearly not in the in the British and Hong Kong governments in

in the

interests of the run-up to 1997.

Although we consider this problem to be separate from that addressed by HMG's recently-announced nationality package, the parallel with BDTC passport holders having to leave Hong Kong to obtain citizenship elsewhere is clear.

We would therefore ask that you reflect our concerns to HMG in the context of your discussions over the nationality package, with a view to obtaining agreement that the Home Secretary's discretion will be exercised far more flexibly in

in future with regard to HMOCS officers serving with HKG.

Please note that although we are all Administrative Officers, our concern extends to all HKG civil servants facing this problem.

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