!..
"registration" was an emotive one, and likely to conjure up in the minds of the
ong Kong public a lengthy administrative process. We have been at pains to explain
that the registration process itself will be an integral part of the passport issuing x process; and that it will amount to little more than the entry of each persons›
details on a central record. Furthermore there will be no charge for the registration
itself, but simply for the passport. Applicants will apply simultaneously for
BN(0) status and the passport that goes with it. But it is necessary in the interests
of consistency and to maintain the integrity of our nationality provisions to make
clear in the Order the necessary distinction between registration and acquisition
of a passport. Hong Kong have, somewhat reluctantly, now accepted this.
Acquisition of BN(0) passports
12. Hong Kong strongly argued not only that the Order should make reference to
the acquisition of BN (0) passports, but that it should be clear that such passports
are an entitlement.
13. We are sympathetic to Hong Kong's views. In principle, it would be preferable
to make no reference to passports at all, since these are issued under the Royal
Prerogative. But the Hong Kong situation is unique. The terms of the Memoranda
associated with the Agreement quite clearly link the new status with the passport,
and those concerned in Hong Kong will expect to see that link reflected in the
Order. Furthermore, the two are linked in such a way that denial of the passport
effectively amounts to denial of BN (0) status, which itself is an entitlement.
14. If Hong Kong's arguments are not accepted, then EXCO in particular are likely
to make strong representations to members of both Houses, and may well seek to
retract their reluctant acceptance of the registration provisions in Article 4(2).
EXCO's agreement to the terms of the draft Order is essential for its successful
passage through Parliament.
15. We therefore propose that Hong Kong's strong views on this matter be met.
Article 4(2) is therefore worded in such a way so as to give BN (0)s an entitlement
to hold BN (0) passports. It can be made clear during the debates that the provision
is being made in this way to reflect the unique circumstances of Hong Kong and
the terms of the Agreement, and that the actual issue, renewal and replacement
of BN(0) passports will be effected under the Prerogative. Giving an entitlement
to hold a passport would not prevent the competent authorities from withholding