TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 256

b)

the actual issue, renewal and

replacement of BN (0) passports will be

effected under the Prerogative. We do

not consider that giving an entitlement

to hold a passport prevents the competent

authorities from withholding its physical

possession from an individual whom the

authorities wish to prevent from travell-

ing for legitimate reasons.

Attached is a separate note about the procedure for

issue, replacement and renewal of BN (0) passports. These

matters are outside the scope of the Order, but are likely

to be raised during the debates.

TRANSMISSIBILITY OF BRITISH NATIONALITY

18.

There is one area of contention with EXCO which

needs to be resolved before the White Paper is published.

It concerns the transmissibility of British nationality

to children of BN (0) s. One of the cornerstones of the

nationality arrangements is that British nationality

cannot be transmitted after June 1997 by Virtue of a

connection with Hong Kong. With the exception of the

provisions to guard against statelessness (specifically

agreed with the Chinese) the Order is SO framed as to

prevent not only the acquisition of BN(0) status after

June 1997, but also the acquisition of BDTC after that

date by virtue of a connection with Hong Kong.

19.

One of the members of EXCO, Sir S Y Chung, with

some sympathetic support, is strongly arguing that Hong

Kong BDTCs should be able to provide for their children

transmissible form of British nationality after

some

1997.

He has therefore proposed that the Order should

incorporate an amendment to the BNA 1981 whereby the

children of BN (O)s would acquire BDTC if they were born

in a Dependent Territory, or British citizenship if they

were born in the UK. His justification for this proposal

is that the parents of the children in question were BDTC

- 7.

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