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CONFIDENTIAL
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00 HONG KONG DESKBY 180100Z
GRS 250
CONFIDENTIAL
DESKBY 180100Z
FM FCO 171200Z MAY 82
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 370 OF 17 MAY
YOUR TELNO 472: BRITISH NATIONALITY ACT
1. LEGAL ADVICE IS AS FOLLOWS:
HKK 340 |l RECEIVED IN 250 SHITER S
$ AMAYA?
DESK OF INDEX
'DURING THE COURSE OF THE BRITISH NATIONALITY ACT 1981 THROUGH
PARLIAMENT, THE POINT WAS MADE IN COMMITTEE THAT BRITISH DEPENDENT
TERRITORIES CITIZENS WILL BE CONSIDERED TO BE 'UK NATIONALS'.
HOWEVER, THE TERM 'UK NATIONAL' ONLY HAS MEANING IN THE CONTEXT
OF PUBLIC INTERNATIONAL LAW: A 'UK NATIONAL' WOULD ENJOY, FOR
EXAMPLE THE PROTECTION (INTERNATIONALLY) OF THE UNITED KINGDOM.
THE PHRASE HAS NO MEANING IN DOMESTIC LAW, EITHER NOW OR WHEN THE
BRITISH NATIONALITY ACT 1981 COMES INTO FORCE. THE ACT DISTING-
UISHES BETWEEN VARIOUS CATEGORIES OF CITIZENSHIP FOR DOMESTIC
PURPOSES, ALL OF WHOM ARE 'UK NATIONALS'. THESE ARE BRITISH
CITIZENS (HAVING THE RIGHT OF ABODE IN THE UNITED KINGDOM),
BRITISH DEPENDENT TERRITORIES CITIZENS AND BRITISH OVERSEAS CITIZENS
(A RESIDUAL CATEGORY). IN DESCRIBING BRITISH DEPENDENT TERRITORIES
CITIZENS FOR PASSPORT PURPOSES, THE TERMS OF THE BNA 1981 MUST BE
STRICTLY ADHERED TO BECAUSE IT IS THOSE TERMS WHICH IN
OUR CASE ESTABLISH NATIONALITY STATUS..
IT WOULD BE INCORRECT TO USE IN AN OFFICIAL
DOCUMENT SUCH AS A PASSPORT, A TITLE OTHER THAN BRITISH DEPENDENT
TERRITORIES CITIZEN, BEING THE TITLE SET OUT IN THE BRITISH
NATIONALITY ACT 1981. MOREOVER, A VARIATION IN TITLE MIGHT GIVE THE ERRONEOUS IMPRESSION THAT THERE WAS YET A FURTHER CATEGORY OF
CITIZENSHIP, A CATEGORY FOR WHICH THE BNA 1981 MAKES NO PROVISION'.
PYM
DISTR
LIMITED
COPIES
MISS BROOKS LEGAL ADVISERS
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Af245
30054
89
HKGD
NTD
PS/LORD BELSTEAD
PS/PUS
MR/GIFFARD
MR/DONALD
CONFIDENTAL