endor.VISA.dbj
Summary of exchanges with legal advisers and related correspondence (all on HKD 340/1)
letter from HKID 24 February (Mrs Chow to NTCD) folio 51 raising cases of British citizens wishing to register as BN (0)s and requesting guidance on how to do this, bearing in mind JD 227 requiring individuals to "hold or be included in such a passport" in order to be recognised as acquiring the "appropriate status" which we now know as BN (0) and regulations that BCs may only have one British passport except under certain circumstances not fulfilled in this instance
Mr Morris NTCD minute of 31 March to Mr Christie folio 52 Asking Legal Advisers for advice. Should the HK (British Nationality) Order 1986 prevail over the UK memorandum thus avoiding adding to the categories of those permitted to hold two passports.
UKREP JLG tel no 72 of 16 April folio 58
Mr Galsworthy notes his recollection that the Chinese did expected BN (0)s to physically hold a passport before June
1997.
Mr Christie's minute of 21 April to Mr Morris NTCD folio 66 Suggests an interpretation of the Memorandum which would mean that the passport itself does not confer a status but is prima facie evidence of it. Considers that endorsing a BC passport to say the holder has BN (0) status is in order, and that it should not be necessary to issue and then cancel a BN (0) passport as suggested by Hong Kong.
Mr Wye's minute of 22 April to Mr Woodrow folio 67
He agrees after looking through accounts of the negotiations with Mr Galsworthy's recollections (Comment; the Chinese concern was that noone should apply after transfer of sovereignty for the new status on the grounds of a previous connection with Hong Kong as a BDTC).
Mr Giles' minute of 27 April to Mr Kelly folio 70 This disagrees with Mr Christie's opinion that the Memorandum can be interpreted not as saying that the holding of a BN (0) passport itself confers the status of BN (0) but that it is the registration of a BN (0) as such which does, from which flows the entitlement to hold a passport. But in paragraph 4 Mr Giles says that if a British citizen must be registered as a BN (0) (he is not in favour of this), then he believes it will be possible for a BC passport to be endorsed to the effect that the holder is also a BN (O). "It is arguable whether this would constitute "such a British passport" but I would not necessarily disagree with Mr Christie's view that it does."
Mr Morris' NTCD minute of 30 April to Mr Christie folio 73 Refers to measure of agreement between Mr Giles' and