TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 112

CONFIDENTIAL

Gibraltar amendment stands, people in the Dependent

Territories, in particular Hong Kong, will see a

some underlining

need for mere proeise refters on of their

connection with Britain. However, Ministers do not

believe that it would be politically practicable

to get parliamentary agreement to a clause on these

lines. The reasons have already been explained in

FCO Telegram No 483

of 21 May.

Briefly, they are of two kings:

→

a) the imprecision of the concept of British

Nationality in international law. There is no

consensus among governments on its meaning.

Thus, although HMG fully accepts that for the

purposes of protection and representation

abroad, persons covered by the Bill are British

Nationals, it would not be possible to translate

this into domestic legislation.

b)

The danger of encouraging misunderstanding on

the right of abode of the various categories under|

the Bill, including not only CBDTs but also

British Overseas Citizens and others. Given the

basic aims of the Bill, to introduce the opt

of 'British National' into the legislation at

this stage would cause confusion and would arouse

opposition in Parliament.

2.

However FCO Ministers believe that an

acceptable alternative would be to introduce an

additional clause declaring that CBDTS, while

forming a definite citizenship category, could

domibed e.g.

h

as an alternative be designated as, 'British (Hong

Kong) Citizen' Such a designation could be used

•

in passports or for other administrative purposes.

CONFIDENTIAL

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