TNAG-1406-FCO40-1881-Future-of-Hong-Kong-passports-and-visas-1985 — Page 80

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PASSPORTS FOR BN (O)S

4. BN(0) is the new nationality status which is to be created for BDTCs connected with Hong Kong who will cease to be BDTCs on 1 July 1997 in accordance with the British memorandum annexed to the agreement with the Republic of China on the future of Hong Kong. The intention is that the new status shall be introduced from 1 July 1987, sc that passports can continue to be issued with the normal 10-year validity. (The validity of any passports showing BDTC status issued to persons connected with Hong Kong who will lose that status after 30 June 1997 will not extend beyond that date).

AUTHORITY FOR ISSUE

5.

It would not be acceptable to the Chinese that passports issued to BN(0)s, which will continue to be valid after 30 June 1997, should be issued by the Governor of Hong Kong and show the name of the dependent territory on the front cover. It is therefore our intention that BN(O) passports issued in Hong Kong should be identical in all respects to those issued by our consular passport- issuing posts overseas and should be issued under the Foreign Secretary's exercise of the royal prerogative and not the Governor's. We have obtained Legal Advisers' opinion that they see no legal or other objection to the Secretary of State authorising the Governor of Hong Kong to act on his behalf in this matter. It has been suggested that this should be done by means of a despatch or formal letter, the best timing for which would probably be after the passage of the nationality Order-in-Council relating to Hong Kong (Spring 1986) and the entry into force of the Order

(1 July 1987). We have not yet submitted to FCO Ministers on this. subject as we have been waiting for clarification of certain financ- ial aspects described below.

FINANCIAL ASPECTS

.6.

At present passports issued in Hong Kong are ordered by the Hong Kong Government through the Crown Agents, are issued in the name of the Governor, and attract an issue fee under a Hong Kong Fees Ordinance.. This fee is currently HK$ 200, equivalent to about £19.50, as against the UK passport fee of £15. The Hong Kong Government retains the income from these fees. They have estimated that their administrative costs (less the material cost of the passports) account for about 40% of the fee, but we believe this may be an underestimate.

7.

When passports are issued in Hong Kong on the authority of the Secretary of State the UK passport fee will be chargeable under the Consular Fees Act 1980 (as are entry certificates and visas now) and the appropriate Consular Fees Order in force at the time. We could not of course expect that the Hong Kong Government would provide the facilities and staff for the issue of passports and not receive any payment for this service. The Home Office, who at present meet

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