TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 25

SO WISHED. THIS WILL ALSO ACCORD WITH THE CHINESE DOCTRINE THAT THE NEW STATUS MUST NOT BE GIVEN AUTOMATICALLY TO, OF FORCED

UPON, HK DDTCC:

(11) WE ASSUME THAT THE PREROGATIVE IN THE SECOND SENTENCE MEANS THE ROYAL PREROGATIVE. WE RECOMMEND THAT THE REFERENCE TO PASSPORTS BEING ISSUED UNDER THE ROYAL PREROGATIVE BE DELETED, TO AVOID UNNECESSARY ARGUMENTS ABOUT WHETHER HK BDTCS HAVE AN ENTITLEMENT TO THE HOLDING OF BN (0) PASSPORTS SUCH AS PUT FORWARD BY OSWALD CHEUNG. FURTHERMORE, SINCE YOU ARE PREPARED TO ACCEPT, SUBJECT TO MINISTERIAL APPROVAL, THE REDRAFT OF ARTICLE 4(2) SUGGESTED BY OSWALD CHEUNG, THE REFERENCE TO PASSPORTS BEING ISSUED UNDER THE ROYAL PREROGATIVE SHOULD FALL

AWAY:

(111) WE OBJECTED TO THE REFERENCE TO THE ARRANGEMENTS FOR THE ISSUE, RENEWAL AND REPLACEMENT OF 3N (0) PASSPORTS IN THE ORIGINAL VERSION BECAUSE SUCH A REFERENCE SEEMED OUT OF PLACE IN THE ABSENCE OF ANY PRECEDING REFERENCE TO BN (0) PASSPORTS. AS AT PRESENT DRAFTED THE REFERENCE TO THE DETAILED ARRANGEMENTS FOR THE ISSUE OF DN(0) PASSPORTS FLOWS MUCH MORE NATURALLY FROM THE EARLIER PART OF THE PARAGRAPH. BUT TO EMPHASISE THAT THE PROCESS FOR THE ACQUISITION OF THE NEW STATUS AND THE PASSPORT-ISSUING PROCESS IS ONE AND INDIVISIBLE, WE RECOMMEND THAT THIS PARAGRAPH BE REVISED TO READ

1 ONCE THE ORDER IN COUNCIL HAS BEEN FINALLY APPROVED BY PARLIAMENT, ARRANGEMENTS WILL BE MADE FOR THOSE ELIGIBLE TO BECOME BN (0)S TO APPLY FOR THAT STATUS, IF THEY SO WISH, TOGETHER WITH THE PASSPORTS IN WHICH IT WILL BE RECORDED. THESE ARRANGEMENTS ARE OUTSIDE THE SCOPE OF THE ORDER AND ARE BEING DEALT BETWEEN HERE MAJESTY'S GOVERNMENT AND THE HONG KONG GOVERNMENT. A SEPARATE ANNOUNCEMENT WILL BE MADE IN DUE

COURSE.'

(F) PARA. 2

(1) THE REASON GIVEN IN THE SECOND SENTENCE OF THIS PARA. IS NOT QUITE OUR REASON FOR RECOMMENDING TO EXCO THAT BN (0) PASSPORTS BE ISSUED WITH EFFECT FROM 1 JULY 1987 (PARA. 6(A) OF MEMORANDUM XCC(35)54). WE RECOMMEND THAT THE WORDS 'PASSPORTS RECORDING SN(0) STATUS TO BE ISSUED ON OR AFTER THAT DATE WITH THE STANDARD 10-YEAR VALIDITY IN THE SECOND SENTENCE BE REPLACED BY 'THE PRESENT PRACTICE OF ISSUING PASSPORTS WITH A TEN-YEAR VALIDITY PERIOD TO CONTINUE WITHOUT INTERRUPTION' IN ACCORDANCE WITH THE REASON ADVISED TO EXCO.:

(11) WE RECOMMEND THAT IN THE LAST SENTENCE, THE COLON FOLLOWING THE WORD PASSPORT BE REPLACED BY A COMMA, AND THE WORDS ALSO GIVE TIME' BE DELETED.

(3), PARAS. 9 AND 10

3

CONFIDENTIAL

(1)