21
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO
OF 051045Z AUGUST 93
1289
CONFIDENTIAL
MID
copied to M. Kelly. 340/1
RECEIVER IN DE
05 AUG 1993
MiGee blu 16/8
133544
MDHIAN 1155
See also
tolio (158)
M. Mom's lette
YOUR TELNO 154 OF 30 JUNE : BN(0)/BDTC PASSPORT ARRANGEMENT IS/6.
SUMMARY
WE ARE CONCERNED THAT YOUR INSTRUCTION TO DIPLOMATIC POSTS ABOUT ENDORSING PASSPORTS OF BRITISH CITIZENS (BCS) WHO HAVE REGISTERED AS BNCO)S WILL GIVE RISE TO DIFFICULTIES. WE ARE ALSO CONCERNED WITH YOUR INSTRUCTION ABOUT HOW BCS CAN BE REGISTERED AS BN (0)S.
DETAILS
2. IN PARAGRAPH 5 OF YOUR TUR, YOUR ASKED DIPLOMATIC POSTS TO REGISTER AN ELIGIBLE BC (I.E. A BC WHO IS ALSO A HONG KONG BDTC) AS A BN (0) BY REQUIRING HIM TO COMPLETE AN APPLICATION FORM AND PAY A FEE. AN ENDORSEMENT WITH A REFERENCE TO HIS HONG KONG PERMANENT IDENTITY CARD NUMBER, RIGHT OF ABODE IN HONG KONG AND HIS STATUS AS A BN (0) CAN THEN BE MADE IN HIS PASSPORT. WE SEE PROBLEMS WITH THIS
ARRANGEMENT.
3. THE FIRST PROBLEM IS WITH THE ENDORSEMENT ITSELF. BN (0)S WHO ARE ALSO BCS WILL NOT HAVE AUTOMATIC RIGHT OF ABODE IN HONG KONG PERMANENTLY. AS FOREIGN NATIONALS, THEY WILL NOT RETAIN RIGHT OF ABODE IN HONG KONG AFTER 30 JUNE 1997 BY REASON OF THEIR BN (0) STATUS. THAT RIGHT OF ABODE WILL HINGE ON WHATEVER DOMESTIC LEGISLATION GIVES EFFECT TO ARTICLE 24(2)(4) OF THE BASIC LAW. THE CURRENT THINKING IS THAT SUCH PERSONS WILL PROBABLY HAVE TO APPLY TO ACQUIRE A RIGHT OF ABODE POST 1997. THUS THE ENDORSEMENT WILL BE FACTUALLY WRONG ON 1 JULY 1997, AND WILL CONTINUE TO BE WRONG FOR THOSE WHO CHOOSE NOT TO ACQUIRE RIGHT OF ABODE BY APPLICATION.
4. WE HAVE CONSIDERED WHETHER IT WOULD BE POSSIBLE TO HAVE AN ENDORSEMENT STATING ONLY THE PASSPORT HOLDER'S BN (0) STATUS. AS MOST BN (0)S WILL BOTH BEFORE AND AFTER 1997 HAVE RIGHT OF ABODE IN HONG KONG, SUCH AN ENDORSEMENT WOULD TEND TO INDICATE THAT THE HOLDER HAD RIGHT OF ABODE IN HONG KONG WHILE IN REALITY THIS MAY NOT BE THE CASE AFTER 1997. ANOTHER COMPLICATION IS THE BRITISH
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PAGE CONFIDENTIAL