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produced the greatest disquiet.
British administration is an important factor in maintaining confidence and the Nationality description is a symbol of this. To meet the Hong Kong request would greatly assist confidence. Moreover, people in Hong Kong need reassurance that they will continue to enjoy full protection and consular assistance when travelling abroad.
14. Hong Kong were told last year that it was not possible for legal reasons to add the words 'British national' as part of the citizenship description of a passport holder since this would diverge from the title set out in the British Nationality Act 1981. To inform them now that, on the one hand our legal advisers agreed that there was no objection to a slightly different device namely, using the words
'British national' in a description of the passport holder for international purposes but that any change still must be refused for policy and administrative reasons would lay the Prime Minister open to strong attach and could sour the atmosphere of the visit, at a time when sensitivity on the key question of the future of Hong Kong will be at its peak.
15. A possible way of meeting Hong Kong's requests is outlined in paragraphs 16-20.
16.
Since the BNA 1981 was deliberately framed so as to avoid using the generic term 'British national' it would be inappropriate to use that term in describing the national status of the individual passport holder. If therefore the Hong Kong demand is to be met, the term should appear in the general Notes at the back of the passport, in a way which emphasises that it merely reflects international usage.
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17. A revised version of the Notes is attached. Note 5 is new while the other paragraphs reproduce the existing Notes with minor alterations made for the sake of consistency. The language of the Note indicates explicitly what was already implicit, namely, that the passport holder is regarded for international purposes as a British national (which at the time the passport was issued would be undeniable in fact) but avoids any implication that the description 'British national' creates or refers to any status distinct from, or additional to, the citizenship status of the passport holder under UK law.
18. It is considered therefore that the new Notes would not create any of the difficulties described in the Home Office reply if anything they are an improvement on the existing Notes.
19. On the other hand, the new Notes would go some way to meet the Hong Kong desire that BDTCS should be expressly described as British nationals.
20. So long as a person is a BDTC, HMG would in normal circumstances be unable to deny that he was a British national. If he were deprived of his citizenship by amending legislation eg on the independence of a colony, he would cease to be a British national. If the UK ceased to be responsible for Hong Kong, HMG would no doubt consider depriving Hong Kong BDTCs of their citizenship. In an emergency situation, deprivation legislation could be enacted urgently and HMG could disclaim international responsibility for the inhabitants of Hong Kong, refusing to treat Hong Kong BDTCs as British nationals any longer or to
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