TNAG-1387-FCO40-1835-Future-of-Hong-Kong-nationality-and-citizenship-1986 — Page 195

CONMDENTIC

HONG KONG NATIONALITY WHITE PAPER

ARGUMENTS FOR AMENDMENT

5.

ACQUISITION OF BN (0) PASSPORTS: ENTITLEMENT

Argument

1.

It is constitutionally wrong to provide for an entitlement

to a BN (0) passport since passports are issued under the Royal

Prerogative. It sets an undesirable precedent, which could lead

to demands by other British nationals to be entitled to hold a

passport.

Government Proposal

2.

Article 4(2) gives an entitlement to BN (0)s to hold a

passport.

Line to Take

مراد

gif is, wie strony

of Hung i omjo

with

3.

•

The entitlement to hold a BN(0) passport is the unique

consequence of the terms of the Hong Kong Agreement and the UK Memorandum It would be a nonsense to give an entitlement to

citizenship but not the passport which under the Agreement af

Memorandum is the essential concomitant of that citizenship.

should not be taken as a precedent.

aand

It

Background

4.

The provision in Article 4(2) reflects the unique circum- stances 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. Since there is a direct and unbreachable link between BN (0) status and the passport, it would be illogical and inconsistent to make the holding of a passport discretionary since refusal would amount to denial of BN (0) status,

which itself is an entitlement.

Page 195Page 196