A

retain a form of British nationality after 30 June 1997 in

accordance with the United Kingdom Memorandum annexed to the Agreement

between the United Kingdom and the Republic of China on the future

of Hong Kong.

4.

Governor.

Passports issued in Dependent Territories are normally issued

in the name of the Governor in his exercise of the royal prerogative.

They have the title of the dependent territory on the front and

the exhortation on the inside front cover is in the name of the

Passports for BN(O)s in such a form, implying that Hong

Kong were a British dependent territory, would not be acceptable to

the Chinese authorities after 30 June 1997 when Hong Kong has reverted

to China. From 1 July 1997 British passports issued in Hong Kong

will be issued by British consular officers on behalf of the

Secretary of State. If passports issued to BN(0)s before that date

are in the same style, this will not only avoid upsetting Chinese

susceptibilities about the colonial status of Hong Kong but should

also help with the international recognition of the new national

status. BDTC passports, which will still be issued in Hong Kong to

those who prefer not to exercise the option for BN (O) passports, will

continue to be issued in the name of the Governor and will show the

name of the territory on the cover, but will have a maximum validity

to 30 June 1997.

5. FCO Legal Advisers have been consulted about the principle of

passports being issued in Hong Kong by the Governor (and through him

the relevant Hong Kong Government Department) in the name of the

Secretary of State. They see no legal or constitutional objection

to the Secretary of State authorising the Governor to act as his

agent for the issue of these passports.

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