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British Citizenship

Volume 686: debated on Tuesday 7 November 2006

asked Her Majesty's Government:

Whether they will place in the Library of the House any documents, dated between 5 July 2002 and 9 October 2002, pertaining to making provision for certain British nationals without other citizenship to register as British citizens under Section 4B of the British NationalityAct 1981.[HL6795]

No. To do so would be contrary to the public interest in ensuring that officials are candid in the policy advice they submit to Ministers.

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Scotland of Asthal on 23 October (WA 206), why, given that no ordinary residence test applies to otherwise stateless British overseas citizens, British protected persons and British subjects wishing to register as British citizens, otherwise stateless British nationals overseas should continue tobe required to satisfy an ordinary residence test.[HL7933]

Provision for otherwise stateless British nationals overseas was made by the British Nationality (Hong Kong) Act 1997, which was confined to individuals meeting specific criteria and who were resident in Hong Kong. Provision for otherwise stateless British overseas citizens, British protected persons and British subjects was made in Section 12 of the Nationality, Immigration and Asylum Act 2002. They were chosen on the basis that their right to remain in their countries of current residence lacked certainty. There was and is no similar basis relating to British nationals overseas.

asked Her Majesty's Government:

Further to the Written Answer by the Lord Triesman on 24 October (WA 223-24), whether they will place in the Library of the House the list of matters concerning Nepalese nationality law on which they intend to obtain clarification; and whether the interpretations of the law by the Government of Nepal which they are seeking will be treated as legally determinative for the purposes of the British Nationality (Hong Kong) Act 1997.[HL8011]

The issues to be discussed with the Nepalese authorities were outlined in the digest of information placed in the Library of the House pursuant to the Written Answer given by Lord Triesman on 24 October. Only the British courts can determine conclusively the extent of the entitlement conferred by the 1997 Act. We shallin practice be guided in our administration of the Act (and in particular of the requirement that, immediately before the relevant date, the applicant would have been stateless but for his holding a qualifying form of British nationality) by the advice received from the Nepalese and other Governments as to the effect of their citizenship laws.

asked Her Majesty's Government:

Whether the British consul-general to Hong Kong raised matters pertaining to the processing of citizenship applications from the solely British ethnic minorities in Hong Kong on his current trip to the United Kingdom; and, if so, what was the result of the discussions.[HL8066]

The British consul-general in Hong Kong did not raise any matters pertaining to the processing of citizenship applications from applicants applying under the British Nationality (Hong Kong) Act 1997 during his current trip to the United Kingdom.