HONG KONG
DRAFT ORDER IN COUNCIL
ARGUMENTS FOR AMENDMENTS
3.
ACQUISITION OF BN(0) STATUS
B.
1.
NEED TO REGISTER AS BN(0)s
This relates to Article 4(2).
2.
Some members may seek removal of the reference to
"registration". They may argue that the Order should refer simply
to the acquisition of BN(0) passports. In support of this argument
they may point out that the UK Memorandum makes no mention of
registration, only of passport acquisition: and that it is
essentially the holding of the passport which is the important
aspect.
3.
In support of this proposal they may adduce the arguments
originally put forward by Hong Kong on this point, namely:
a)
that the term "registration is an emotive one,
and likely to conjure up in the minds of the Hong
Kong public a lengthy administrative process and
b)
that the Memorandum in effect provides an
entitlement to hold a BN(0) passport, and that it
should not therefore be necessary to be first
registered as a BN90) in order to claim that entitle-
ment.
Line to take
4.
Under nationality law, passports flow from nationality
status, and not the other way around. This has been accepted in
Hong Kong. BN(0) status cannot be automatically conferred, and
a person cannot hold a BN(0) passport before he acquires BN(0)
status. The method of acquisition in the Order is described as
"registration" in order to be consistent with the way in which
British nationality has for many years been acquired as an
No comments yet.
Private notes are available after approval.