5.
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 whose travel they did not wish to assist for legitimate reasons (strictly speaking a passport is not necessary to leave a country).
E.9