TNAG-1405-FCO40-1880-Future-of-Hong-Kong-passports-and-visas-1985 — Page 151

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CONFIDENTIAL

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INTERNATIONAL ACCEPTANCE OF BN (O) PASSPORTS

(40

1. Thank you for your minute of 26 April covering a draft letter to Mrs Ip at the Government Secretariat in Hong Kong. I have only a few, relatively minor, comments.

✓ (1)

In paragraph 7, lines 3 and 9, the word 'national' should not start with a capital letter. Although it is more a matter for MVD who are responsible for these abolition agreements, the statement in the third sentence that 'all British nationals covered by a VAA have the right of abode somewhere requires qualification. I believe that our Visa Abolition Agreements of which most if not all were negotiated before the Commonwealth Immigrants Act 1968, cover all those who were CUKCS at the time. This means that they include those who are now British Overseas citizens and who do not have a right of abode in this country. In many cases the country where they are living equally does not regard them as having such a right and could deny them returnability. British Dependent Territories citizens do normally have a right of abode in a dependent territory (although there are a few territories which do not regard as 'belongers' the full range of BDTCs who derive that status from the territory concerned) and so the objective of an analogy between BDTCS and BN(O)s made later in the paragraph is valid.

1

(2) In paragragh 8, line 4, ' and other travel document' should read or other travel document'. The final sentence of that paragraph is too sanguine. The point is that the Canadians are bound by the terms of their Order in Council which are explicit. There is no way of getting round the fact that BDTC passports do generally give returnability

and/or Combine with the method to a territory under the control of the issuing authority

it with the case

1997.

Unte

whereas this will not be the case with BN(Q) passports. The Home Office are currently in correspondence with the Canadians about the possibility of giving a confidential guarantee to admit to this country, in the last resort, any BOCS whom the Canadians wish to expel. Unless such an agreement can be reached in regard to holders of BN (0) passports, I should think that the Canadians will regard their hands as tied, even if they wish to regard Hong Kong as a 'special case'.

30 April 1985

CODE 18-77

dylo

DW Partridge

Nationality and Treaty Department CL537

213 3794

CONFIDENTIAL