CONMDENTIC
HONG KONG NATIONALITY WHITE PAPER
ARGUMENTS FOR AMENDMENT
5.
ACQUISITION OF BN (0) PASSPORTS: ENTITLEMENT
Argument
1.
It is constitutionally wrong to provide for an entitlement
to a BN (0) passport since passports are issued under the Royal
Prerogative. It sets an undesirable precedent, which could lead
to demands by other British nationals to be entitled to hold a
passport.
Government Proposal
2.
Article 4(2) gives an entitlement to BN (0)s to hold a
passport.
Line to Take
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3.
•
The entitlement to hold a BN(0) passport is the unique
consequence of the terms of the Hong Kong Agreement and the UK Memorandum It would be a nonsense to give an entitlement to
citizenship but not the passport which under the Agreement af
Memorandum is the essential concomitant of that citizenship.
should not be taken as a precedent.
aand
It
Background
4.
The provision in Article 4(2) reflects the unique circum- stances of the Hong Kong Agreement and the terms of the UK Memorandum. The Memorandum quite clearly links the new status with the passport, and those concerned will expect to see this
link reflected in the Order. Since there is a direct and unbreachable link between BN (0) status and the passport, it would be illogical and inconsistent to make the holding of a passport discretionary since refusal would amount to denial of BN (0) status,
which itself is an entitlement.
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