TNAG-1568-FCO40-2134-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 185

Our reference:

IMG/85 16/1335/1

Your reference;

GNN 340/15

HOME OFFICE

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o Sure

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Lunar House, Wellesley Road, CROYDON CR9 2BY

Telephone: 01-760 2647

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DFB Le Breton

Nationality and Treaty Department

Foreign and Commonwealth Office

Clive House

Petty France

LONDON

SW1H 9HD

HKK 340

RECEIVED IN REGISTRY

27 AUG 1986

REGISTRY

Action Taken

4 August 1986

935

Year Javid,

ADMISSION OF BRITISH SUBJECTS AND BRITISH PROTECTED PERSONS TO CANADA

Thank you for your letter of 30 July providing revised figures for inclusion in my letter to Wayne Hammond about the numbers of British Subjects (BSs) and British Protected Persons (BPPs). A copy of my final reply is attached.

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As you will see, I have decided not to take up the point that you made in the fourth paragraph of your letter of 30 July to the effect that BSS are defined in the BNA 1981 as Commonwealth citizens. I discussed this briefly with Alan Kaye. It seems to me that if we were to argue the case for BSs in this way we run the risk of highlighting the fact that BPPs are not regarded as Commonwealth citizens.

Since writing to you I have obtained a copy of the Canadian Immigration Regulations to which Gavin Stewart referred in his letter of 16 June.

A copy of these is attached. As you will see, Regulation 14(3)(a) refers to "a citizen or national" and Schedule II refers to both citizens and nationals (as well as "Persons holding passports or travel documents issued by the Holy See"). It seems to me, therefore, that we might reasonably argue that both BSS and BPPs are British Nationals for these purposes.

We clearly regard both as being forms of British nationality for day to day purposes but the problem is that they do not appear to be defined as such in legal terms. I am not sure how far the Canadians will see this as a real problem, notwithstanding Gavin Stewart's comments, and I propose to await their formal comments on this point. However, in the meantime I should be grateful for any further comments from you or copy recipients on the line of argument that we might deploy if this becomes a sticking point.

Yours sincerely,

Savid

Лис

DJ MCDONOUGH

B2 Division

cc.

Mr Hum, HKD

Mr Amy, MVD

Mr Nicholson, Passport Dept

Mr Weekes, B4 Division

Mr Seymour, LAB