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We consider that it may not be desirable for (a) in the above to continue to be used. As the objective of the phased programme is to prevent BDTCS dithering, we do not want to remind them of their choice too much or give any statement that may encourage them to miss the new cut-off dates. We therefore propose to delete this note from all passport application forms and information leaflets when the phased programme is launched.

As the Order in Council will require HKBDTCS to register as BN (0)s before the cut-off dates as specified in the Order, we need to amend the second sentence of (b) in the above as well. A proposed revised version is as follows -

You may however retain British nationality by applying for a BN (0) passport before such dates as specified in the Order in Council (the heading of the Order will be added when it is confirmed).

You may also wish to consider whether it is appropriate to let the heading and the second sentence remain as they are now. The problem is that though BN(0) passport holders are British nationals, they are not entitled to British Consular protection in the HKSAR and in China after 1997. The Chinese government will in fact recognize them as only Chinese nationals in the HKSAR and in China. This problem is complicated by the presence of ethnic minorities BN (0) passport holders who, as we have told them, will be entitled to British consular protection in the HKSAR. One possible way of amending the note is by adding the following sentence to the Note -

If you are an ethnic Chinese, you may retain British nationality for the purpose of travelling outside Hong Kong and China after 30 June 1997 in the same way.

You probably dislike the first phrase in this even more than we do, but this is of course based on our present law and we cannot think of a phrase that fudges it and remains clear maybe you can?

/The passport

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