TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 166

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For information (20.7.82)

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XCCI (82)36 - 29 HKK 340/1

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NOTE FOR EXECUTIVE COUNCIL

LAN

BRITISH NATIONALITY ACT : DESIGNATION IN PASSPORTS

INDEX.

RA3017 PG3318

This paper deals with the question whether there is any legal provision preventing the insertion in passports of words descriptive of the nationality of the holder, as opposed to merely a description of their category of citizen- ship.

A

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Members will recall considering the Information Note XCCI(82) 20 on 18 May 1982, a copy of which is at Annex A.

Paragraph 3 of the Note refers to legal advice that the Jee (1)

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designation in the British Nationality Act must be adhered to in the description to be used in BDTC passports. That legal advice has now been received from the Foreign and Commonwealth Office.

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The essence of that advice is as follows

Although British Dependent Territories Citizens will be considered as "UK Nationals", this expression only has meaning in the context of public inter- national law. A "UK National" would enjoy, for example, the protection (internationally) of the United Kingdom. The phrase has no meaning in domestic law. The British Nationality Act 1981 distinguishes between various categories of citizenship, all of whom are "UK Nationals". The advice concludes: "In describing British Dependent Territories Citizens for passport purposes, the terms of the Act must be strictly adhered to because it is those terms which 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

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was yet a further category of citizenship,

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a category for which the BNA 1981 makes no provision".

G.S. 166

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