Unit 11 physical persons

All human beings are 'persons' under English law. One of the most important concepts of English law is that all persons within the realm, including aliens, have rights and are subject to certain duties.

In English law legal personality generally attaches to a human being at birth and ends at death.

Nationality is of great importance in the field of public law. Thus, British subjects enjoy universal franchise, i.e. the right to vote at local and Parliamentary elections. Aliens in Great Britain have no such right. They are subject to certain restrictions concerning entry into the United Kingdom and employment after entry; furthermore they must register certain particulars with the police. Citizens of the European Union, however, have a right to freedom of movement within the State and are not subject to the same restrictions as other aliens.

Apart from these requirements, English law treats aliens in much the same way as ordinary British subjects: for example, they are subject to the same rules of criminal law and the same laws of tort and contract.

The British Nationality Act, 1981 divides citizenship into three classes:

1. British citizenship. A person seeking to enter the United King­dom discharges the burden of proving British citizenship by producing a British passport.

(II)British Dependent Territories citizenship, conferred upon citizens of a number of specified countries, e.g. Bermuda. Note that from 1 July 1997 Hong Kong was removed from the list of dependent territories.

2. British Overseas citizenship — a residual category.

British citizenship may be acquired in the following ways:

(I) By Birth in the United Kingdom to a parent who is a British citizen or who is settled in the United Kingdom, or who becomes a Brit­ish citizen or becomes settled in the United Kingdom.

(II) By Adoption under an order made by any court in the United Kingdom authorizing the adoption of a minor who is not a British citizen.

(III) By Descent: i.e. birth outside the United Kingdom to a parent who is a British citizen by birth, adoption, registration or naturalization (not by descent).

4 (IV) By Registration. Any minor may apply for British citizenship, which is granted at the Home Secretary's discretion. Persons who are British Dependent Territories citizens, or British Overseas citizens or British subjects or British protected persons may apply after satisfying periods of residence in the United Kingdom. There is a special entitle­ment for British Dependent citizens who are nationals of the United Kingdom for the purposes of the EEC (in practice, Gibraltarians).

(V) By Naturalization. Any person may apply to the Secretary of State for a ‘certificate of naturalization. The conditions of grant (which is at the discretion of the Home Secretary) are that the applicant must be of full age and capacity, of good character, have sufficient knowledge of the English, Welsh or Scottish Gaelic language, and have satisfied residence requirements and intend that the United Kingdom will be their home. The Secretary of State must give notice as to the nature of any objections so as to allow repre­sentations when refusing an application.

(VI) By Marriage, An alien woman who immediately before commencement of the Act was the wife of a citizen of the United Kingdom and Colonies may acquire British citizenship if she chooses to do so by registration within five years provided the mar­riage subsists.

(VII) By Statute. The British Nationality (Hong Kong) Act, 1997 came into force on 19 March 1997 and conferred British Citi­zenship on persons who are ordinarily resident in, or have a quali­fying connection with, Hong Kong.

British citizenship may be lost by:

1. Renunciation. This is effected by a person of full age and capacity making a declaration of renunciation, which must be reg­istered with the Home Secretary. Any person who has married is deemed to be of full age. A person who has renounced British citizenship in order to retain or acquire some other citizenship or nationality may resume it but this right can only be exercised once

2. Deprivation. This applies only to citizens who acquired citi­zenship by naturalization or by registration, and may be ordered by the Home Secretary for serious misconduct, e.g. criminal acts.

Exercise 1.

Answer the questions:

1. Name one of the most important concepts of English law.

2. What is the difference in the rights for the British and aliens?

3. Do aliens and citizens of the European Union have the same right?

4. What similarities are there in the rights for the British and aliens?

5. Describe three classes of citizenship.

6. How can British citizenship be acquired? Describe one of them.

7. How can British citizenship be lost?

Exercise 2

Supply the correct word from the box for each space in the sentences given below: