5. lines:
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The preferred Hong Kong solution is a clause on the following
'It is declared for the avoidance of doubt that any person who is a British Citizen, a Citizen of the British Dependent Territories, a British Overseas Citizen, a British subject under this Act or a British protected person is, while remaining a citizen, subject or person of that description, a British National.
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As an alternative, they have suggested:
6.
'Every person who under this Act is a British Citizen,
a Citizen of the British Dependent Territories, a British Overseas Citizen or a British subject shall have the status of a British National.
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A clause of this sort, emphasising 'British National' status, has of course already been proposed and rejected by the Home Office on the grounds that the concept of British or UK National is too vague to be enshrined in domestic legislation. Nevertheless, I hope that it will be possible to ask the Home Office to think again, if necessary qualifying the description 'British National' with some phrase as 'in international law'. I think that this should, if possible, be our starting position. A further alternative could be to propose the retention of the present phrase 'British Subject' Again I know there are Home Office objections but I think they should be asked to reconsider.
7.
Any of these formulae could of course be accompanied by a statement in the Bill that 'British National' or 'British Subject' status do not carry the right of abode in the UK.
8.
Another solution would be to amend the title in the Bill of CBDTs, probably to some such formula as 'British (name of dependency) Citizen'. A variation would be simply to allow the use of such a title in CBDT passports by administrative action an alternative which your department have been considering. Obviousl from the point of view of the Dependent Territories, this would be less complete a concession than something in the Bill but it would probably be acceptable if it were legally possible.
9.
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I understand that in considering a possible variation of the title for CBDTS, the Home Office might consider it preferable to use the description 'British Hong Kong Citizen' ie omitting any brackets. I can see the attraction of this -in nationality terms. There may, however, be problems as regards Hong Kong from the point of view of relations with China. Peking could object to a concept of citizenship of 'British Hong Kong'. I doubt if this would be an overriding objection but we should certainly consult Peking before going firm.
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