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1. Mrs Chow's letter of 24 February refers. The question raised by Mrs Chow is in short whether a person eligible to register as a BN (O) must in the process of registration be issued with, and hold, a passport in which he is so described before 1 July 1997. This question has practical application in the case of persons who are both British citizens and wish to travel with passports describing them as such and who are also eligible for BN (0) status and wish to register before 1 July 1997. They are not allowed to hold more thar one valid British passport at any one time except in the limited circumstances described in Appendix 17 of DSP Consular Volume 2 Part 1. It is necessary first to settle the legal position before it is possible to develop procedures in such cases.
2. Legal Position
The documents and legislation which are relevant to consideration of the legal position are the United Kingdom Memorandum associated with the Joint Declaration on the Future of Hong Kong, the Hong Kong Act 1985 and the Hong Kong (British Nationality) Order 1986. The Hong Kong Act 1985 merely makes provision for Orders in Council to be made which, among other things create a new form of British Nationality to be known as British National (Overseas). The United Kingdom Memorandum makes it clear that the status of BN (0) will be acquired by eligible persons only if they hold or are included in a British passport describing them as such issued before 1 July 1997. The only exception to this is that of persons born on or after 1 January 1997 but before 1 July 1997 who may obtain or be included in such a passport up to 31 December 1997. However, the Hong Kong (British Nationality) Order 1986, Article 4(2) after describing a person who will qualify for BN (0) status goes on to state that "such a citizen shall be entitled, before 1 July 1997 (or before the end of 1997born in that year before that date), to be registered as a British National (Overseas) and to hold or be included in a passport appropriate to that status."
3. Although all the administrative arrangements for registering as a BN(0) involve the holding of, or inclusion in, a passport showing that status, there is nothing in Article 4(2) of the Hong Kong (British Nationality) Order 1986 to indicate that the holding or inclusion is an integral part of the registration process. My view would be that the domestic legislation should take precedence over the United
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16 APR 1993
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