TNAG-0901-FCO40-1111-Implications-for-Hong-Kong-of-changes-in-British-nationality-1979 — Page 61

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NATIONALITY TERMINOLOGY

Historical

1.

Before 1949 the term "British Subject" was in use for all persons who belonged to the United Kingdom or to any of the king's other dominions. It was a term hallowed by tradition and derived from the English concept of allegiance which involves protection by the king and obedience by the subject. The status of British Subject

in municipal law coincided with the status of British national in international law (there were also British Protected Persons who were British nationals in international law but aliens in British municipal law).

2.

At a conference of Commonwealth Prime Ministers in 1947 it was agreed that a separate nationality should be created for each independent Commonwealth country. Persons who belonged to a Commonwealth country were to have the citizenship of that country and by virtue of that citizenship were to be British Subjects. All persons who had been British Subjects under the law were to remain so until they acquired one of the new citizenships.

3. Within the framework of the 1947 scheme Parliament enacted the British Nationality Act 1948 creating the status of "Citizen of the United Kingdom and Colonies".

4. Some persons who were British Subjects by virtue of their connection with British India never acquired citizenship of any Commonwealth country and remain British Subjects (without citizenship) to this day (BNA 1948 S 13).

5. Persons who are British Subjects by virtue of their connection with Eire were allowed to remain British Subjects upon application although Eire (now Republic of Ireland) ceased to be a member of the Commonwealth (BNA 1948 S 2).

The Term "British Subject" Today

6. The term "British Subject" is now applied to persons in all of the following categories:

i)

Citizen of the United Kingdom and Colonies;

/ii)