TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 114

HONG KONG

DRAFT ORDER IN COUNCIL

ARGUMENTS FOR AMENDMENT

4.

M.

ACQUISITION OF BN(0) PASSPORTS

ENTITLEMENT TO HOLD BN(0) PASSPORT

1.

This relates to Article 4(2).

2.

It may be argued that, since passports are issued under

the Royal Prerogative, it is constitutionally wrong to provide.

for an entitlement to a BN (0) passport. Alternatively or

additionally it may be argued that it is wrong to set this sort

of precedent, which could lead to demands by other British

nationals to be entitled to hold a passport.

Line to take

3.

This provision reflects. the unique circumstances of the

Hong Kong Agreement and the terms of the UK Memorandum. The

Memorandum quite clearly links the new status with the passport,

and those concerned will expect to see this link reflected in

the Order. Sincer there is a direct and unbreachable link between

BN (0) status and the passport, it would be illogical and incon-

sistent to make the holding of a passport discretionary since

refusal would amount to denial of BN (0) status, which itself is

an entitlement.

4.

Because it reflects the unique circumstances of Hong Kong

and the agreement, it would be wrong to regard it as a precedent

which could be applied to other British nationals. Other British

nationals may choose whether or not to hold a passport: in effect,

BN(0)s do not have that choice, because the terms of the

Memorandum preclude it.

5.

Furthermore, there is a clear distinction between holding

and being in physical possession of a passport. For example,

a person who has lost his passport is regarded as a passport

holder, even though it is not actually in his possession. The actual issue, renewal and replacement of BN (0) passports will be