TNAG-1190-FCO40-1492-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 102

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Moreover, apart from protection and consular

istance, 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 inclusion of the description 'British

national' (a term which together with 'UK 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,

which requires uniformity in the general format and as

between all British nationals if we are to avoid

controversy as a result.

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11. Any change has to take account of the fact that the

right of abode will from 1983 be directly linked to

British citizenship, and that we are in frequent dispute

at Strasbourg over refusals to admit nationals to the UK.

Our obligations to British nationals will vary according

to the different categories established by the new Act.

Further, the generic term 'British subject' which is the

basis of British nationality, will no longer exist as such

the under now new Act. It is therefore necessary to avoid any

impression that 'British national' takes its place as a

citizenship category.

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12. On the other hand we have not ratified the 1963

Protocol Number 4 to the Council of Europe Convention on

Human Rights because it guarantees the right of an

individual to enter the territory of the State of which he

/is

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