United Kingdom - Passport & Nationality - British Protected Person (BPP) - Malay States
The status of British protected person (BPP) is a status held by certain persons under the British Nationality Act 1981. It is not traditionally considered a form of British nationality—as British protected persons are not Commonwealth citizens in British nationality law, they do not have full civil rights in the United Kingdom. However, BPPs, like Commonwealth citizens and Irish citizens, are not considered aliens in the United Kingdom, and it has been submitted that as they are not stateless, they must have some kind of nationality, and that nationality must by necessity be a form of British nationality. Their position is therefore sui generis.
As BPPs are not Commonwealth or Irish citizens, they are not eligible to vote in the United Kingdom. However, as they are not aliens, they are eligible for most public positions, e.g. in the armed forces, civil service, etc.
As protectorates and protected states were 'foreign' soil, birth in such a place could not in general confer British subject status before 1949, or citizenship of the UK & Colonies (CUKC) from that date.
The status of British protected person hence evolved over time:
From the 1800s onwards, persons indigenous to a protectorate, and subjects of the local ruler in a Protected State, became known as 'British protected persons'. Established under Royal Prerogative, a more sophisticated test of 'belonging' was established by the British Protected Persons Order 1934.
British protected person was defined in section 32(1) of the British Nationality Act 1948 and authority was given to the Home Secretary to define by Order in Council persons who should be British protected persons.
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 (BPP).
The concept of a statutory BPP largely replaced that of Royal Prerogative BPP in 1949. 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.
Regardless of the above, British Protectorates and British Protected States were considered very much part of the British Empire and British Protected Persons (BPPs) were, and still are, issued British Passports describing them as such. As a general rule, those born in former British Protectorates were at some stage holders of this obscure form of British Nationality. Whether such persons still hold this nationality to this day (or indeed whether their dependents are entitled to it) is a question of law and determined usually by the Independence arrangements of the country concerned and subsequent Orders in Council (UK).
STATUS OF MALAY STATES
Up until 31.03.1946, the Malay States were a British Protected State.
From 01.04.1946 until 31.01.1948, they fell part of the Malay Union but was still a Protected State.
Between 01.02.1948 until 30.08.1957, it was part of the Federation of Malaya (but still treated as a British Protected State).
Click here for more information on the status of a British Protected Person (based on birth in a British Protected State).
Click here for more information on Malaysia.
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