TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 129

C

ANNEX

Possible New Clause Providing that CBDTS

and Others have the Status of

British (or United Kingdom) Nationals

The wording previously suggested by the AG was:

is declared for the avoidance of doubt that any person

who is a British citizen, a Citizen of the British

Dependent Territories, a British Overseas Citizen, a

British subject under this Act or a British protected

person is, while remaining a citizen, subject or person

of that description, a British national."

This has, however, been vehemently resisted by the Home Office and it has

also been pointed out that declaratory provisions in legislation are

generally not favoured.

2.

It is suggested that the following wording, which is a minor

adaptation of Clause 37(1) of the Bill and which should therefore not be

objectionable on technical law drafting grounds, would be a better alternative.

"Every person who under this Act is a British citizen,

citizen of the British Dependent Territories, a British

Overseas citizen or a British subject shall have the status

of a British (or United Kingdom) national.

CONFIDENTIAL