b)
the actual issue, renewal and
replacement of BN (0) passports will be
effected under the Prerogative. We do
not consider that giving an entitlement
to hold a passport prevents the competent
authorities from withholding its physical
possession from an individual whom the
authorities wish to prevent from travell-
ing for legitimate reasons.
Attached is a separate note about the procedure for
issue, replacement and renewal of BN (0) passports. These
matters are outside the scope of the Order, but are likely
to be raised during the debates.
TRANSMISSIBILITY OF BRITISH NATIONALITY
18.
There is one area of contention with EXCO which
needs to be resolved before the White Paper is published.
It concerns the transmissibility of British nationality
to children of BN (0) s. One of the cornerstones of the
nationality arrangements is that British nationality
cannot be transmitted after June 1997 by Virtue of a
connection with Hong Kong. With the exception of the
provisions to guard against statelessness (specifically
agreed with the Chinese) the Order is SO framed as to
prevent not only the acquisition of BN(0) status after
June 1997, but also the acquisition of BDTC after that
date by virtue of a connection with Hong Kong.
19.
One of the members of EXCO, Sir S Y Chung, with
some sympathetic support, is strongly arguing that Hong
Kong BDTCs should be able to provide for their children
transmissible form of British nationality after
some
1997.
He has therefore proposed that the Order should
incorporate an amendment to the BNA 1981 whereby the
children of BN (O)s would acquire BDTC if they were born
in a Dependent Territory, or British citizenship if they
were born in the UK. His justification for this proposal
is that the parents of the children in question were BDTC
- 7.
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