TNAG-0979-FCO40-1198-Implications-for-Hong-Kong-of-changes-in-British-nationality-1980 — Page 61

G.

CONFIDENTIAL

OTHER NATIONALITY MATTERS

The Status of British Subject

107. The term 'British Subject' has a long history, and in the 1948 Act

it was preserved as being the common status of all people connected with

the Commonwealth. It was laid down in the Act that the terms 'British

Subject' and 'Commonwealth citizen' were to be synonymous for that purpose. As time has gone on more and more Commonwealth countries have either dropped

the term 'British Subject' or, on becoming independent, have not adopted it.

The result is that at present the term is used as a common status in

nationality law only by the United Kingdom and Australia. The Government have

carefully considered the use of this term. It is out of date as a

description of all people connected with the Commonwealth and it is no longer

needed for common status purposes;

'Commonwealth citizen' will serve that

purpose satisfactorily. Apart from this there is the point that with the

adoption of titles such as 'British Citizen', the additional status of

'British Subject' might be confusing. 'British subject' is also used in the

current law to denote the status held by certain people such as British

Subjects without citizenship, and those Irish people who have asserted their right to it having held it before 1949. As will be explained below these

particular titles will be continued; but the only common status contained in

the Bill will be that of 'Commonwealth citizen'.

British Subjects without Citizenship

108. These people are referred to in paragraph 7 of the Green Paper which also explains that since no one born after 1948 can hold the status the numbers are

declining. Those who are settled in the United Kingdom, will under the

proposals in paragraph

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above, become British Citizens. The

Government will propose that the status of the remainder should be preserved,

as would that of women who have been registered as British Subjects by virtue

of marriage to husbands who are British Subjects without Citizenship.

The Irish

109. The status of citizens of the Irish Republic in United Kingdom law is

that they are neither British Subjects nor foreigners. They apply for

Citizenship of the United Kingdom and Colonies under the same ruleɛ as apply

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