TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 25

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DSR 11C

passports.

We have no evidence that this would be unpopular,

and the Hong Kong authorities at least would see great

advantage in, having both 'British Dependent Territories

citizen' and 'British national'. Otherwise strictly from a

nationality and immigration point of view, the Home Office

points, which repeat their earlier arguments on this subject,

retain some validity.

10.

Moreover, apart from protection and consular assistance,

there is no unanimity of legal opinion as to the obligations

assumed by a State towards its nationals, and particularly

{

in respect of admission to that State in all circumstances.

In advising that there would be no legal objection to the

Bitish

Zik

inclusion of the description K national' (a term which

together with 'British national' is already mentioned in

the notes in the back of passports on Registration and Dual

Nationality) in the passports of BDTCs our legal advisers

pointed out that any formula should avoid the risk of

confusion between international and domestic law statuses.

This distinction would be difficult in passport practice,

but there might be two ways of achieving it:

a. by accompanying the description 'UK'(or British)

National' in passports with a clear statement that this was

for protection purposes and tant the holder was not

entitled to entry; or

b.

amending the concluding general Notes in a

passport in this sense.

To be acceptable in Hong Kong an amendment to these Notes

would have to be equivalent to a direct reference to the

British

holder as being a UK national' to which some of the

1

objections put forward by the Home Office would apply, but

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