Acquisition of BN(0) passports
14. Hong Kong strongly argued not only that the Order
should make reference to the acquisition of BN(0) pass-
ports, but that it should be clear that such passports
are an entitlement.
15.
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.
16.
If Hong Kong's arguments are not accepted, then
EXCO in particular are likely to make strong represent-
ations to members of both Houses, and may well seek to
acceptance retract their reluctant aequisition of the term
"registration". EXCO's agreement to the temo of the
draft Order is considered essential for the successful
Passage through Parliament.
17.
جلي
We therefore propose that Hong Kong's strong
views on this matter be respected. Article 4(2) is
therefore worded in such a way SO as to give BN (0)s an
entitlement to hold BN (0) passports. We do not consider
that this undermines the Royal prerogative for two
reasons:
a)
it can be made clear during the
debates that the provision is being made
in this way to reflect the unique circum-
stances of Hong Kong and the terms of the
Agreement and
- 6 -
Page 255Page 256