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only in form but also in substance, each being designed for
particular purposes.
'Undefined, the expression includes at
least all parts of Her Majesty's dominions, Protectorates and
probably Protected states. It is questionable whether Mandated
Territories and Trust Territories would be included, having
regard to their status in international law. Whether the British
Empire, undefined, includes territories under Condominium, qv,
seems to depend upon the circumstances of each case.' Present
use of the term 'British Empire' no longer appears in enactments
and official documents, having been replaced by 'The Commonwealth'.
It is no doubt regarded as inconsistent with the equality of
Members of the Commonwealth and, with reference to dependent
territories, as savouring too much of 'colonialism'.
4.
'When a Member of the Commonwealth becomes a republic,
retaining its Membership and acknowledging The Queen only as Head
of the Commonweathh, this formal, though nonetheless fundamental
constitutional change, by virtue of which Her Majesty ceases to
be Head of the executive, seems clearly to take the country out
of an undefined British Empire
Members of the
Commonwealth of which Her Majesty is Queen must remain, if only
because it is not possible to point to any date on which they
ceased to be part of the British Empire.'
5.
The plain fact is that the expression 'British Empire'
has fallen into disuse, and it is inappropriate to speak of the
'British Commonwealth'.
Hong Kong and General Department
Foreign and Commonwealth Office 16 February 1982