CODE 18-77
B
HKCD 34611
22 APR 1993
Reference........
526
66
From: Mr Iain Christie Assistant Legal Adviser K276A 270 2576
Date: 21 April 1993
cc: Mr Jones, UKPA
Mrs Barnes Jones, HKD Mr Kelly, Nationality
office, Liverpool Ms Brooks, Legal
Counsellor
Mr Morris
NTCD
CL 511
BN (0) STATUS/BRITISH CITIZENSHIP
1.
521
I refer to your minute dated 31 March 1993 in which you ask for advice on the correct procedure to be followed in dealing with applications for registration as BN (0)s by BDTCs who are also BCs. This follows an enquiry from Mrs Chow of the Hong Kong Immigration Department who has recently had to deal with such a case. My information is that there were approximately 17,000 British Citizens resident in Hong Kong in 1985. I do not know how many of those were BDTCs as well, nor how many of them will wish to apply for BN (0) status before 1 July 1997, but it may amount to a significant number of people.
2. The problem arises from an apparent inconsistency between Article 4 (2) of the Hong Kong (British Nationality) Order 1986 which provides that a person qualified for BN (0) status is entitled before 1 July 1997 to be registered as a British National (Overseas) and to hold or be included in a passport appropriate to that status and the second sentence of paragraph (a) of the United Kingdom Memorandum associated with the Joint Declaration on the future of Hong Kong which seems to make acquisition of BN (0) status somehow dependent on the holding of or inclusion in a BN (0) passport.
3.
In the case of British Citizens who hold a passport with an endorsement to the effect that they are also BDTCs a requirement that they hold or are included in a BN (0) passport as well, as opposed to merely being described as such within, would appear to conflict with the general rule that
a British national (of whatever description) should only hold one passport. The exceptions to this rule are narrow and in practice are limited to persons whose passports include an immigration stamp or visa which would present an obstacle to visiting another country with whose authorities there were political differences.
4. Against this background you ask whether it is possible that the Hong Kong (British Nationality) Order 1986 prevails over the UK Memorandum so that obtaining a BN (O) passport is not a prerequisite to the acquisition of BN (0) status, thus avoiding the necessity to add to the categories of those who are permitted to hold two passports BCS who have registered to