TNAG-1191-FCO40-1493-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 106

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

of colonial belongers in the future (ie those who have

a nationality status by virtue of connexion with a

territory which is for the time being a dependency for: whose international relations the UK is responsible).

On the other hand, non-belongers (ie those who possess a

nationality status by virtue of a connexion with a

former dependency which is now or hereafter becomes an

independent State) will, in the long term, be less and

less regarded as UK nationals for international purposes.

We can make no assessment of the length of time which

that process of exclusion from UK nationality will take.

If the UK Government seeks to protect such nationals or

to exercise extra-territorial jurisdiction or to make

provision for their sharing in privileges granted by

treaty to UK nationals, such actions would, to the extent

that the UK would be able to do so, retard the process.

Question 2 We have studied all the materials

submitted to us by the Foreign and Commonwealth Office

Legal Advisers and by Professor Parry. They hold divergent

views on the question of the existence and extent of a

duty to receive nationals. Although Professor Parry's

view has not been accepted by a number of other jurists

referred to in our instructions, we do not feel that it

can be easily and totally dismissed. There is, at the

present time, no clearly established State practice nor

authoritative pronouncement by an international tribunal

upon the existence or scope of an "obligation to receive"

3.

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