TNAG-1189-FCO40-1491-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 70

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BNA 1981: HONG KONG PASSPORTS

1. Mr Freeland and I have a few suggestions to make by way of amendment to paragraph 2 of the draft telegram. We suggest in place of the first two sentences, the following wording:

'Freeland and H.O. Legal Representative agreed with conclusion in Griffiths' opinion which introduced a different proposition from that on which previous legal advice from here was based, that passports could, legally, include a description of international law status as well as of citizenship status in domestic law. Though the citizenship descriptions in passports had to match those in the Nationality Act, there was strictly no legal objec- tion to the inclusion in passports of a title including the word 'national' '' which is a term of international law in addition. However, there were possible legal complications

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2. I do not think I have any comments on Mr Rooney's summary of the meeting last Friday. I am, however, merely an Assistant Legal Asviser, not Legal Adviser!

3. I would

like to put forward a suggestion which I have discussed with Mr Freeland and which he found attractice. If the consensus of opinion in the Home Office and FCO was that for policy reasons it would be unacceptable to include a descrip- tion of international law status along with the description of citizenship status, another way of accommodating Hong Kong would be to issue Notes similar to those at the back of present passports, specifically stating eg under Notes 5 and 6, ''The holder of this passport is a ''British''/[United Kingdom] National''. The subs- tance of Notes 5 and 6 would also be retained with any necessary amendments. Whatever title is used it should be used consistently, not as present.

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20 August 1982

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