British Protected Person - History

History

Certain parts of the British Empire were under British control but did not become part of the Crown's dominions. These included protected states, protectorates, mandated and trust territories. As these states were considered to be 'foreign' soil, birth in such a place could not, in general, confer British nationality. Instead the denizens of the these states were conferred with the status of British Protected Person.

Originally BPP status was conferred on the subjects of the local rulers with the local rules determining who qualified as subjects. Subsequently a more sophisticated test of 'belonging' was established by Royal Prerogative under the British Protected Persons Order 1934. BPP status was defined in statute law for the first time by the British Nationality Act 1948.

The British Protectorates, Protected States and Protected Persons Order came into force on 28 January 1949, establishing for the first time a statutory basis for British Protected Person status.The status of statutory BPP was largely replaced that of Royal Prerogative BPP by the 1949 Order. However some persons may still be granted Royal Prerogative BPP status if connected to a former protectorate or protected state, with no other nationality and no prospect of obtaining another nationality.

BPP status was normally lost automatically upon acquisition of the nationality of the country with which the person was connected. In some cases any person with BPP status connected to that territory lost BPP status, even if they did not acquire the citizenship of the country at independence. While the majority of BPPs connected with former protectorates or UN trust territories retained BPP status if they did not acquire the citizenship of the independent country, BPPs connected with former protected states all lost BPP status.

Historically British Protected Person status was associated with the following kinds of overseas possessions:

• Protected states – These were states which enjoyed internal autonomy and commonly had their own nationality law while Britain controlled only defence and external relations. In states with their own nationality law, Britain accorded BPP status on nationals recognised by that law. No one today has statutory BPP status because of their connection with a former protected state. Former British protected states are: Bahrain, Brunei, the Maldives, the Malay States, Tonga, Qatar and the Trucial States of Abu Dhabi, Ajman, Dubai, Fujairah, Ras al-Khaimah, Sharjah and Umm al-Quwain.

• Protectorates – similar to protected states, but where an internal government was also set up by Britain. In practical terms there was little distinction between a protectorate and a colony, except for the legal status of belonging or otherwise to the Crown's dominions. In many instances Britain provided for the possible retention of the BPP status of protectorate denizens if they did not acquire the citizenship of the newly independent state. However this was not always the case and no provision was made for former BPPs from British Somaliland or the Aden Protectorate.

• League of Nations mandate territories and United Nations trust territories – These were states which the League of Nations and its successor the United Nations made Britain responsible. All of the British trust territories, except Libya, had previously been mandate territories. They were treated as if they were protectorates for nationality purposes. Today only BPPs whose status was acquired from their connection with Tanganyika and British Togoland have the possibility of still having BPP status.