TNAG-1405-FCO40-1880-Future-of-Hong-Kong-passports-and-visas-1985 — Page 152

CONFIDENTIAL

.NO. BISTC/30/1(6) concurrent) Until 2000June 1997.

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Mr Power1, HKD

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Mr Partridge, NTD

Mr Cambridge, MVD

Mr Fifoot, Legal Advisers

INTERNATIONAL ACCEPTANCE OF BN(0) PASSPORTS

1.

The way in which you approach overseas governments on this issue seems to me to be largely a matter of tactics. There does not seem to be any legal objection to the method you are suggesting, but I do have certain comments on the proposed content of the communication.

2.

40

I agree that there is a need to ensure that BN(O) passports will be understood and accepted by overseas governments, but, as Mr Partridge has pointed out, the issue does not simply relate to passports, but also the the fact that these British nationals will have acquired a new status and, on 1 July 1997 (or in some cases before),will lose their old status. There would therefore seem to be a strong argument in favour of our also setting out in some official communication the nature of these changes in UK nationality law, and the way in which international agreements generally and not just those which relate specifically to passports - will be applied to the holders of the new status. I am thinking generally of those international agreements which already relate to BDTCS, and which we would intend to continue to apply to holders of the new status.

3.

-

I understand that, in 1982, when circulars were sent to overseas posts concerning passport arrangements, a further communication was also sent to missions in the UK, setting out in some detail the changes in British nationality law, and comments upon the way in which nationality provisions in international agreements would be interpreted.

If we do wish to make a similar statement in this context and this would seem to be an argument that we should inform overseas governments of the changes in our nationality law, just as we did in 1982 then it may well be worth considering whether this could be combined with the exercise presently suggested as the issues are so closely related. Perhaps NTD could confirm that my understanding of the procedures adopted in 1982 is correct, and comment on how they feel the matter should be approached.

4. The content of the proposed communication (your paragraph 3) will depend to a certain extent on the issues

I have mentioned. Points 3(b) and 3(c) however would seem to

me to be part of the wider process of explaining the changes in our nationality law, without which the new passport arrangements will be hard to understand. In other words, point (b) in particular may need to be part of a general explanation of how and when BDTC status will be lost, and BN (0) status acquired,

CODE 18-77 AWO Ltd. 7/84

CONFIDENTIAL

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the ofhere. nomener the me showed do sometty simulon in respect of BN(0) Stałus

and that The 2 proses of the exercise could be combined in one communication