TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 24

CONFIDENTIAL COVERING S E CRET

7. The Attorney General then argued that all categories of

our citizens are British nationals in international law and

that as passports operate internationally the national status

(i.e. British national) could be included in a passport in

addition to citizenship status. Both FCO and Home Office

lawyers conceded the validity of this argument, although they

saw possible legal complications e.g. because of the varying

uk/ definitions of British national in treaties and the consequent

difficulties over, any wording to express that status.

and administrative considerations would also need to be

taken into account..

Policy

1

8.

In view of the Prime Minister's visit to Hong Kong at the

end of September it is necessary for the Government to

decide on a clear policy on the issue. On 24 August the FCO

put Hong Kong's case to the Home Office, supporting it on the

grounds that an important objective of the visit will be to

reassure public opinion in the territory that HMG's commit-

ment to the territory remains effective. To deny BDTCs the

status British national would be taken as a sign that we

were not acting in the spirit of that commitment.

<<

A

9.

The Home Office rpely, on which Mr Whitelaw was consulted

on his return from leave, is wholly unreceptive to the points

made by the FCO on Hong Kong's behalf (a copy of the Home

Office's letter is attached) and fails even to mention the

legal view. From a nationality and immigration point of

view, the FCO would dissent from the Home Office arguments

only in their assumption that noone would want both the terms

'British citizen' and 'British national' appearing in their

/passports.

CONFIDENTIAL COVERING S E CRET

B