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British Citizenship

Volume 688: debated on Thursday 18 January 2007

asked Her Majesty's Government:

Whether, having regard to the total prohibition on dual nationality in Nepal, which was communicated on 22 November 2006 to the Home Office and the Foreign and Commonwealth Office by the Nepalese Ministries of Home and Foreign Affairs at a meeting in Kathmandu, there are any circumstances under which a person would (a) have failed to become a British overseas citizen under Article 6(1) of the Hong Kong (British Nationality) Order 1986; and (b) as a British Overseas citizen, not be entitled to registration as a British citizen, if (i) he was born before 1 July 1997; (ii) immediately before 1 July 1997 he was a British Dependent Territories citizen; (iii) he ceased to be a British Dependent Territories citizen on 1 July 1997 under Article 3 of the Hong Kong (British Nationality) Order 1986; (iv) at the time of his birth his father was a citizen of Nepal; (v) he has not registered as a British national (overseas); (vi) other than a nationality or citizenship held as a consequence of (i) to (v) above, he has never held any other nationality or citizenship; and (vii) he has mistakenly applied for and holds a Nepalese passport because in good faith both he and the Nepalese authorities believed he was solely a citizen of Nepal and were unaware that he holds British nationality. [HL1088]

As the noble Lord is aware, discussions between the Her Majesty’s Government and the Nepalese Government are still continuing, and we are still awaiting formal confirmation from the Nepalese side that a note of the meeting prepared by our side accurately records the Nepalese position.

asked Her Majesty's Government:

Under what circumstances a person would not have been a British Dependent Territories citizen on 4 February and 30 June 1997, if (a) he was born in Hong Kong after 31 December 1948 and before 1 January 1983; (b) at the time of his birth his father did not possesses immunity from suit and legal process as was accorded to an envoy of a foreign country; (c) at the time of his birth his father was not an enemy alien and Hong Kong was not under occupation by the enemy; and (d) he has not made renunciation of British nationality. [HL1252]

Whether such a person would have had a claim to British Dependent Territories citizenship is a matter of law which can be determined conclusively only by the courts. However, from the information provided, it appears that a person with the circumstances you have described would have been a British Dependent Territories citizen on those dates.

asked Her Majesty's Government:

Under what circumstances a person would not have been a British Dependent Territories citizen on 4 February and 30 June 1997, if (a) he was born in Hong Kong after 31 December 1982 and on or before 4 February 1997; and (b) at the time of his birth his father or his mother was a British Dependent Territories citizen or was settled in Hong Kong. [HL1253]

Whether such a person would have had a claim to British Dependent Territories citizenship is a matter of law which can be determined conclusively only by the courts. However, subject to his never having renounced citizenship, I cannot envisage circumstances in which such a person would not have been a British Dependent Territories citizen on those dates.