TNAG-2376-FCO40-3451-Hong-Kong-nationality-UK-passport-scheme-British-Nationalit-1991 — Page 27

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مة أملي له

for dvice, rican

Robb

We shd get an interim reply back before the PM's it please.

OMELCO M 27 AUG 1391

Office of Members of the Executive and Legislative Councils

dos! Lord Carto

行政立法兩局議員辦事處

27180

... PA | LOA

78 / Lord Canthren.

20 August 1991

The Rt. Hon the Earl of Caithness

Minister of State for Foreign & Commonwealth Affairs

Foreign & Commonwealth Office

Main Building, Downing Street

London SW1

UK

CT.

Fax

to Colin Miller, (1601197

Home Office.

J28/8

EAR

LORD

Caillius

The British Nationality Act 1981

At your meeting with OMELCO Members on 23 July 1991 in Hong Kong, the implication of the British Nationality Act 1981 was discussed and you asked us to provide you with some detailed information on the anomaly of the Act so that you could follow up the subject with the Home Office. In this regard, I am now writing to provide the necessary information.

Under the Act which took effect in 1983, children born outside the UK before 1 January 1983 to couples who have acquired British citizenship by virtue of former residence in the UK do not have British citizenship automatically, whereas children born on or after that date to these couples can acquire British citizenship by descent.

We now understand that some 137 families with 213 children in Hong Kong are being affected by this Act. families have a mix of children born before and after

These

1 January 1983. In order to acquire British citizenship for their children born before 1 January 1983, these parents have to uproot themselves to the UK to accompany their children in order to fulfill the residence requirement under Section 4 (2) of the Act. The painful fact is that most of these affected parents do not, like most Hong Kong people, want to leave but to continue with their career here in their respective professional fields such as engineering and medical services, and to continue to contribute to the prosperity and stability of Hong Kong.

To avoid such uprooting, some of them have reluctantly chosen to split up their families. We have come to know for example of a mother who has resigned from her managerial position so as to accompany her 17-year old son to the UK this year. Her husband who is the main breadwinner will remain in Hong Kong with another son (who was born in the UK). The undesirable effect of splitting a family is therefore obvious.

Legislative Council Building, 8 Jackson Road, Central, Hong Kong. ##+££££/ Tel: 844 0700