TNAG-2629-FCO40-3820-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 104

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Our Ref: IMG/92 9/387/1(S)

QUEEN ANNE'S GATE LONDON SWIH 9AT

Thank you for your letter of 13 January enclosing this one from Lieutenant Commander N J Ford of 508N Kornhill, Quarry Bay, Hong Kong who is concerned that our nationality laws prevent his wife and the spouses of other expatriate British citizens' resident in Hong Kong from obtaining British citizenship without a period of residence in the United Kingdom. He contrasts this with the provisions

for spouses of up to 50,000 Hong Kong residents to acquire British citizenship on more favourable terms.

The central principle in the British Nationality Act 1981 is that the acquisition of British citizenship on application should depend upon the person concerned having a close connection with the United Kingdom. There is a requirement in that Act for the spouses of British citizens applying for naturalisation to have resided in this country for the three years immediately preceding the application, without major absences. Its purpose is to enable them to establish a close connection with the United Kingdom independent of marriage. I am able to consider the waiver of the residence requirements in total only for the spouses of British citizens serving in Crown service or other service which has been specially designated under the 1981 Act but it does not appear that Lieutenant Commander Ford is in such service.

As you know, it is entirely separate legislation which enables up to 50,000 heads of households in Hong Kong and their immediate

The relevant dependants to be registered as British citizens. provisions are found in the British Nationality (Hong Kong) Act 1990. They were designed as a confidence measure for key people who were not otherwise eligible to settle in the United Kingdom under the Immigration Rules and were identified as having a crucial role to play in maintaining the stability and prosperity of Hong Kong up to and beyond 1997. The granting of British citizenship to these people was aimed at forestalling a large-scale exodus of talent.

The Act

The Rt Hon Sir David Steel KBE MP

/was an