CONFIDENTIAL

040/80 1928.

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You tam This Suitably awended four into m dreeft kits from Mr Gulsmily romo!!

FROM:

D W PARTRIDGE,

DATE:

2 APRIL 1985

NTD

W

419.

Copies to:

Mr Burrows, Legal Advisers Mr Grainger, Legal Advisers Mr Cambridge, MVD

HONG KONG:

1.

INTERNATIONAL RECOGNITION OF BN (0)S

(27)

Thank you for your minute of 14 March about the need to ensure the international acceptability of the new status British National (Overseas) which will begin to appear in British pass- ports probably in 1987.

2.

I think that the question really is not of the acceptability of the passports, which will be similar to those issued to other categories of British national who do not have EC rights, but of the national status shown therein. I agree that sending formal Notes to explain the position to other governments, both via their Missions in London and our Missions abroad (as was done in 1982

in regard to the Nationality Act itself) would be the best way of trying to ensure a full understanding of the new national status. I attach copies of the circulars which were issued prior to the coming into force of the BNA 1981 on 1 January 1983 to posts overseas for action with governments and to Heads of Missions in London. I should think that a similar sort of time scale ought to apply to the exercise of informing governments about the new British National (Overseas) status; ie about three months before the introduction for the circular to posts overseas and about two months beforehand br the circular to be issued to Heads of Missions in London. From NTD's point of view this gives sufficient time for governments to inform all their immigration posts, but not too long for the latter to have forgotten about the change by the time they see their first passport with the new status entered.

3. In paragraph 4(i) of his minute of 26 March Mr Grainger asks whether there have been any practical problems arising from the Note circulated to other governments explaining the changes in national status introduced by the 1981 Act. No replies were received challenging or even seeking elucidation of the points made in those Notes. However, somewhat typically, difficulty was made. by the French who used the changes introduced by the British Nationality Act as a peg on which to hang a request for a modificat- ion of the No Passport Excursion arrangement (and of the Visa Abolition Agreement). In August 1983 they unilaterally declared that the Memorandum of Understanding covering No Passport Excursions would in future apply only to British citizens although it had previously applied to all British subjects and should, by the terms of our Notes, have automatically applied after 1.1.83 to all Commonwealth citizens. All of our arguments to keep the arrangement in being and to explain that BNA 1981 had changed nothing in regard to the

/persons

CONFIDENTIAL

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