IMMEDIATE
CONFIDENTIAL
arrangements communicated by Morris' (NTCD) letter reference
NTN340/393/1 of 15 June to Mrs Chow, HKID. It is true that in
the case of BCs who are BN (0)s and who are not ethnically
Chinese, that right of abode will hinge the legislation of the
Hong Kong Special Administrative Region giving effect to Article 24(4) of the Basic Law, but we would expect those in this
category to be very few. You refer to BN(0)s who are also BCs as "foreign nationals" but this will not necessarily be the case.
Morris' letter under reference addressed a case which HKID raised
on 24 February. The BDTC in question was ethnically Chinese and
a BC (she acquired a right of abode in the UK under the
Immigration Act of 1971). She wished to register as a BN (0) but
did not want a BN (0) passport. On the face of it, she would have
right of abode in the HKSAR under Article 24(1).
Are you suggesting that a person in her position would risk losing their
right of abode in Hong Kong by reason of being a BC?
4.
In your paragraph 4, you argue against any kind of endorsement indicating BN (0) status being included in a BC
passport on the grounds that this would tend to indicate that the holder had right of abode in Hong Kong and on the grounds that
most of the BCs involved will be beneficiaries under the 1990 Act
and that these BCs will lose BDTC/BN (0) status when Section 2(2)
of that Act is brought into force. We consider that there is no
reason why the form of endorsement now suggested should cause
confusion about right of abode. As far as Section 2(2) is
concerned, it is by no means certain that it will be implemented.
This question is under consideration between Security Branch,
HKID and the Home Office and is as yet unresolved.
5. The BN (0) endorsement on a BC passport does serve a purpose
(your para 5). In the above individual case the applicant
clearly attached some importance to it. In certain cases there
would be advantage in a BC also being a BN (O). A dual BC/HKBDTC
who