1) Nationality and the term Nationals.
The Hutt River Nationality Act 1997 makes a change in the previous citizenship rules of the Principality. Nationals have been divided into two categories : Hutt River Citizens and Hutt River Overseas Citizens. The purpose of dividing our nationals into two different types of citizens is to overcome the future problem with the growing number of citizens living abroad with dual citizenship. This is not necessarily a problem for the Principality but rather to protect our citizens living abroad. It is quite common that some countries do not promote and in some cases forbid their citizens possession of dual nationality. Some of the sanctions which might be effectuated upon citizens of such countries is deprivation of their (original) citizenship. This is not a desirable situation for the Hutt River Principality which accepts dual nationality.
Therefore the Hutt River Legislation Committee proposed this distinction between the two different types of citizenship.This creation might overcome some of the problems relating to dual citizenship in foreign countries: most countries accept their citizens to possess second passports as long as it is not a proof of “full citizenship”. An Overseas Citizenship will not be a “full citizenship” since there has to be a clear distinction between the two types of citizenship. The distinction between Overseas Citizens and Citizens is more practical than the previous rules, namely only one type of citizenship. It will be possible to divide those two groups of people and give them different rights : ex. relating to settlement within the Principality. The intention is that only Citizens will have the right to live within the area without permission. Overseas Citizens need a permission for settlement. Overseas Citizens will however have the right to passport and the protection from overseas Missions. This is not a new creation. The British Nationality Act of 1981 distinguish between several types of citizenships.
2) Loss of Citizenship or Overseas Citizenship.
The Hutt River Nationality Act lays down two ways of loosing Citizenship or Overseas Citizenship. The first is renounciation of their nationality (Nationality Act § 9). This has to be done in a declaration to the Sovereign Prince of the State. It is however limited by the condition that the person holds another citizenship of another State or may rely on the probability of aquiring one. This is in compliance with international practice. The second is by deprivation of their nationality (Nationality Act § 10). Paragraph 10 gives the Principality the possibility to deprive a person of his citizenship only if that person resides abroad and if the citizenship was aquired by violation of legal rules, particularly through the statement of false data. Voluntary acts which are incompatible with the loyalty to the Principality is also regarded as reason for withdrawl of nationality. This is however limited in § 10.2. According to Article 15 of the Universal Declaration of Human Rights (10 december 1948) “everyone has the right to a nationality”. This is the background for the limitation of deprivation of citizenship in the Hutt River Nationality Act 1997.
© 1998 Hutt River Province Principality
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