5.
CONFIDENTIAL
Because it reflects the unique circumstances of Hong Kong and the Agreement, it would be wrong to regard it as a precedent
which could be applied to other British nationals. Other British
nationals may choose whether or not to hold a passport: in effect,
BN(0)s do not have that choice, because the terms of the
Memorandum preclude it.
6.
Furthermore, there is a clear distinction between holding
and being in physical possession of a passport. For example,
a person who has lost his passport is regarded as a passport
holder, even though it is not actually in his possession. 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
its physical possession from an individual whom for legitimate
reasons those authorities wished to prevent from travelling.
Scope for amendment
7.
Highly undesirable. It might be possible to omit the
reference to BN (0) passports in Article 4, but this would be
contrary to Hong Kong's strong wishes, and might well create
uncertainties and dismay in Hong Kong. It would be highly
undesirable to amend the draft Order in such a way as to give the
impression:
a)
that registration as a BN(0) was
sufficient, and that the holding of a BN (0)
passport was unnecessary or
b)
that acquisition of a BN (0) passport was
a matter of official discretion.