TNAG-2943-FCO40-4219-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 86

21-SEP-1993

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23 SEP 1993

INDE

QUEEN ANNE'S GATE LONDON SWIH 9AT

14 SEP 1393

Dear Nos Lan

One of the issues you raised with me when you and the other members of the LEGCO delegation visited London in June was whether the wives and widows of Hong Kong ex-servicemen could be granted British citizenship without first having to come to live in the United Kingdom. I promised to look at this again and I have now done so. I am sorry to have taken so long to write to you on this but I wanted the matter examined carefully and the holiday period intervened.

Since these ladies have not qualified under the Hong Kong Selection Scheme arrangements, which permit the acquisition of British citizenship without a period of residence in the United Kingdom, their only avenue to British citizenship is through the British Nationality Act 1981. I have examined very closely the provisions of this Act and my powers under it.

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A fundamental principle of the Act is that British citizenship should flow only from a close, personal connection with the United Kingdom, hence the importance that the Act attaches to residence in the UK. There is very limited provision for adults living overseas to acquire British citizenship essentially those working (or married to British citizens working) overseas in Crown Service. There is no provision for conferring British citizenship on the grounds of marriage alone. The Act provides for a three year UK residence requirement for spouses. For those not married to British citizens there is a five year residence requirement. (This applies even where applicants hold other forms of British nationality and are entitled to registration.) For applicants applying for naturalisation there is an additional requirement to intend to make one's home in the United Kingdom.

The Act requires the applicant to have been in the United Kingdom at the start of the three or five year residential qualifying period, and I have no discretion to waive this requirement. The 1981 Act provides that absences should not exceed 450 days in the

Mrs Emily Lau

Legislative Counsellor

Legislative Council Building 8 Jackson Road

Central Hong Kong

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