TNAG-1086-FCO40-1336-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 176

Will the United Kingdom le compelled to nocuut poorly who could la

accept near

as its nationals if they are capelled from the countries where

currently reside?

There is no international agreement binding on the United Kingdom which would compel us to accept those of our passport holders who are subject to immig-nation control. Whether there could be aspects of customary international law which could be relevant in the hypothetical and improbable situations, which sore

have envisaged, of mass expulsions on the Uganda pattern is an uncertain arca

and not one on which I would wish to comment in the context of a hypothetical

case. Obviously the Government would consider the situation, in the light of

all the relevant facts, if it ever occurred.

Meanwhile those concerned

one subject to

let to our

on control.

immigration

E

-

and I cannot advice

Lordships' Hove to pass and amendment which some could take as eufgetting that in Certain circumstances they were not sulyest

C.

to it.

Relevance of the term "United Kingdom National" for EC purposes

The Declaration by the Government of the United Kingdom on the definition of

the term "nationals" as used in the Treaties establishing the Communities and

in Community acts deriving from those Treaties was made when we signed the

Treaty of Accession in 1972. At the time of signature of the Treaty of Rome

in 1957 the German Government made a declaration of German national. In both

cases the declarations were annexed to the Final Act of the relevant Conference.

Although the declarations are in the form of a unilateral statement by one

Government, in both cases the text had been the subject of informal consultatio

and had been in effect agreed beforehand by all the signatories of the Treaty.

The declarations thus amount to agreed interpretative statements as to how the term "nationals" in Community treaties and Community acts will be construed in relation to the United Kingdom and the Federal Republic of Germany. As such

they cannot be modified by the domestic law of any member State.