TNAG-2944-FCO40-4220-Future-of-Hong-Kong-nationality-dependants-wives-and-widow-1993 — Page 94

wid.NAT.dbj

BRITISH CITIZENSHIP FOR WIVES AND WIDOWS OF HONG KONG

EX SERVICEMEN

Line to take

Those who served in the defence of Hong Kong during the Second World War made a heroic contribution to the Territory.

- Their spouses may settle in the UK at any time and acquire British citizenship. No scope for granting them British citizenship while they remain in Hong Kong.

Background

The Home Secretary gave an assurance in 1990 that the wives and widows of servicemen who had defended Hong Kong during the Second World War would be allowed to come to the UK to settle at any time, and to apply for British citizenship in the usual way (ie after fulfilling residence qualifications of 3 years for the spouse of a British citizen and 5 years for others).

Those who qualify are an elderly group of about 60 ladies, many of whom are frail and do not wish to spend long periods in the UK in order to qualify for citizenship. Their case for special dispensation from residence qualifications has attracted considerable sympathy in Hong Kong (and amongst some in Westminster). The Governor, with the support of FCO Ministers, has urged the Home Secretary to look sympathetically at these cases.

Home Office Ministers take the view that these ladies must satisfy the normal residence requirements in the UK to qualify for citizenship any other course would require primary legislation which is not an option. The Home Office have rejected Hong Kong's arguments that there is scope to use the Home Secretary's discretion under the British Nationality Act 1981 to grant citizenship on the basis of a minimal stay in the UK. (Citizenship would still be granted only 3/5 years after a visit to the UK). The Home Office hold that for the Home Secretary to exercise his discretion to excuse absences to the extent requested would empty residence requirements of all meaning. They also maintain that, were the Home Secretary to exercise his prerogative, this would set an undesirable precedent which other groups in Hong Kong and elsewhere might seek to exploit.