TNAG-1406-FCO40-1881-Future-of-Hong-Kong-passports-and-visas-1985 — Page 223

CODE 18-77

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Mr Escritt, Finance Dept Mr Ehrman, HKD

Miss Veale, NTD

ISSUE OF BN (0) PASSPORTS IN HONG KONG

I have just received your minute of 4 July on this subject on my return from leave.

1.

2.

Under Article 4(2) of the proposed Order

Hong Kong BDTCs will be entitled before 1 July 1997 on application to be registered as BN (0)s. Article 7(6) of the proposed Order provides that the provisisions of section 43 of the 1981 Act shall have effect to enable the Secretary of State to make arrangements to delegate to the Governor his registration functions. A form of authorisation would be needed for this along the lines of that which was, I understand, issued to the authorities of dependent territories in respect of BDTC registrations under the 1981 Act.

3.

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This does not affect directly the question of how the power to issue passports which is a prerogative power rather than one created by statute is to be delegated to the Governor in this case. Presumably however the same point also arose as to the Governor's power to issue BDTC passports, in connection with the 1981 Act. The situation that is, the issue of

nationals

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passports denoting a new status for existing British

was very similar. My view would therefore be that, as with the power to register, the same procedures should be followed as those which were followed in respect of BDTC passports under the 1981 Act.

16 July 1985

John Coragin

John Grainger Legal Advisers

HKK RECEIVE:

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- 9 AUG 1985

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