TNAG-1084-FCO40-1334-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 178

CONFIDENTIAL

DSR 11C

4. Objections to the introduction of the term UK

national or British national or national of the UK into

normal usage as a nationality description stem not

from any doubts or hesitation about these commitments.

They arise as the debates in Committee made clear,

From the fact that others in the UK and elsewhere

hold that the meaning of or consequences attached to the term 'national' in international law go much further than those given by Mr Luce. It may well be that the Unofficials do not and would not seek to give the term 'UK national' a meaning requiring the right

of abode in the UK either in normal circumstances or

in an emergency, but other categories might well do so.

As you have acknowledged the term 'national' would have

to be extended to BOCS, BSWCs, BPPS et al. Some of them

and their supporters would give it a different inter- pretation from that the Unofficials acknowledge. So could other countries. Since there are major differences

of view on this we cannot introduce the term and then

assume that it will only be given the interpretation which we give it. A disclaimer in the passport would not avoid these problems which have major implications for the UK.

5.

[Optional]. In addition to this general international law usage there is specialised usage of the term 'national' in respect of the UK as defined in our accession to the Treaty of Rome to include Gibraltarians. They derive benefit from the freedom of movement of

workers in the EC. But there are several thousands

It

of people from other dependencies living in Continental Europe who are not our nationals for EC purposes. would be extremely confusing to all concerned if they were described as 'nationals' in their passports when for the most directly relevant purposes in the EC they were not 'nationals'.

6.

ངཨ

The difficulties for the UK not bringing the international law term 'national' into general usage are compelling. But its exclusion in no way presents problems for the dependencies, not would its introduction give

/practical

CONFIDENTIAL