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8. In view of the Prime Minister's visit to Hong Kong at the end of September it is necessary for the Government to decide on a clear policy on the issue. On 24 August the FCO put Hong Kong's case to the Home Office, supporting it on the grounds that an important objective of the visit will be to reassure public opinion in the territory that HMG's commitment to the territory remains effective. To refuse to describe BDTCs as British nationals would be taken as a sign that we were not acting in the spirit of that commitment.
ARGUMENTS FOR REFUSING THE HONG KONG REQUEST
9.
The Home Office reply, on which Mr Whitelaw was consulted on his return from leave, is wholly unreceptive to the points made by the FCO on Hong Kong's behalf (a copy of the Home Office's letter is attached) and fails even to mention the legal view. From a nationality and immigration point of view, the FCO would dissent from the Home Office arguments only in their assumption that no-one would want both the terms "British citizen' and 'British national' appearing in their passports. We have no evidence that this would be unpopular, and the Hong Kong authorities at least would see great advantage in having both British Dependent Territories citizen' and British national'. Otherwise strictly from a nationality and immigration point of view, the Home Office points, which repeat their earlier arguments on this subject, are considered by NTD to have some weight, although they do perhaps overplay the risks involved in meeting Hong Kong's request.
10. Moreover; apart from protection and consular assistance, there is no unanimity of legal opinion as to the obligations assumed by a State towards its nationals, and particularly in respect of admission to that State in all circumstances. In advising that there would be no legal objection to the inclusion of the description 'British national' (a term which together with UK national' is already mentioned in the Notes in the back of passports on Registration and Dual Nationality) in the passports of BDTCs, our legal advisers pointed out that any formula should avoid the risk of confusion between international and domestic law statuses. This distinction would be difficult in passport practice, which requires uniformity in the general format and as between all British nationals if we are to avoid controversy as a result.
11. Any change has to take account of the fact that the right of abode will from 1983 be directly linked to British citizenship, and that we are in frequent dispute at Strasbourg over refusals to admit nationals to the UK. Our obligations to British nationals will vary according to the different categories established by the new Act. Further, the generic term 'British subject' which is the basis of British nationality, will no longer exist as such under the new Act. It is therefore necessary to avoid any impression that 'British national' takes its place as a citizenship category.
/ARGUMENTS
CONFIDENTIAL covering Secret