TNAG-1117-FCO40-1391-Future-of-the-Dependent-Territories-1982 — Page 145

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only in form but also in substance, each being designed for

particular purposes.

'Undefined, the expression includes at

least all parts of Her Majesty's dominions, Protectorates and

probably Protected states. It is questionable whether Mandated

Territories and Trust Territories would be included, having

regard to their status in international law. Whether the British

Empire, undefined, includes territories under Condominium, qv,

seems to depend upon the circumstances of each case.' Present

use of the term 'British Empire' no longer appears in enactments

and official documents, having been replaced by 'The Commonwealth'.

It is no doubt regarded as inconsistent with the equality of

Members of the Commonwealth and, with reference to dependent

territories, as savouring too much of 'colonialism'.

4.

'When a Member of the Commonwealth becomes a republic,

retaining its Membership and acknowledging The Queen only as Head

of the Commonweathh, this formal, though nonetheless fundamental

constitutional change, by virtue of which Her Majesty ceases to

be Head of the executive, seems clearly to take the country out

of an undefined British Empire

Members of the

Commonwealth of which Her Majesty is Queen must remain, if only

because it is not possible to point to any date on which they

ceased to be part of the British Empire.'

5.

The plain fact is that the expression 'British Empire'

has fallen into disuse, and it is inappropriate to speak of the

'British Commonwealth'.

Hong Kong and General Department

Foreign and Commonwealth Office 16 February 1982