TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 88

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00 HONG KONG DESKBY 180100Z

GRS 250

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FM FCO 171200Z MAY 82

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 370 OF 17 MAY

YOUR TELNO 472: BRITISH NATIONALITY ACT

1. LEGAL ADVICE IS AS FOLLOWS:

HKK 340 |l RECEIVED IN 250 SHITER S

$ AMAYA?

DESK OF INDEX

'DURING THE COURSE OF THE BRITISH NATIONALITY ACT 1981 THROUGH

PARLIAMENT, THE POINT WAS MADE IN COMMITTEE THAT BRITISH DEPENDENT

TERRITORIES CITIZENS WILL BE CONSIDERED TO BE 'UK NATIONALS'.

HOWEVER, THE TERM 'UK NATIONAL' ONLY HAS MEANING IN THE CONTEXT

OF PUBLIC INTERNATIONAL LAW: A 'UK NATIONAL' WOULD ENJOY, FOR

EXAMPLE THE PROTECTION (INTERNATIONALLY) OF THE UNITED KINGDOM.

THE PHRASE HAS NO MEANING IN DOMESTIC LAW, EITHER NOW OR WHEN THE

BRITISH NATIONALITY ACT 1981 COMES INTO FORCE. THE ACT DISTING-

UISHES BETWEEN VARIOUS CATEGORIES OF CITIZENSHIP FOR DOMESTIC

PURPOSES, ALL OF WHOM ARE 'UK NATIONALS'. THESE ARE BRITISH

CITIZENS (HAVING THE RIGHT OF ABODE IN THE UNITED KINGDOM),

BRITISH DEPENDENT TERRITORIES CITIZENS AND BRITISH OVERSEAS CITIZENS

(A RESIDUAL CATEGORY). IN DESCRIBING BRITISH DEPENDENT TERRITORIES

CITIZENS FOR PASSPORT PURPOSES, THE TERMS OF THE BNA 1981 MUST BE

STRICTLY ADHERED TO BECAUSE IT IS THOSE TERMS WHICH IN

OUR CASE ESTABLISH NATIONALITY STATUS..

IT WOULD BE INCORRECT TO USE IN AN OFFICIAL

DOCUMENT SUCH AS A PASSPORT, A TITLE OTHER THAN BRITISH DEPENDENT

TERRITORIES CITIZEN, BEING THE TITLE SET OUT IN THE BRITISH

NATIONALITY ACT 1981. MOREOVER, A VARIATION IN TITLE MIGHT GIVE THE ERRONEOUS IMPRESSION THAT THERE WAS YET A FURTHER CATEGORY OF

CITIZENSHIP, A CATEGORY FOR WHICH THE BNA 1981 MAKES NO PROVISION'.

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PS/LORD BELSTEAD

PS/PUS

MR/GIFFARD

MR/DONALD

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