TNAG-1407-FCO40-1882-Future-of-Hong-Kong-passports-and-visas-1985 — Page 202

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Relange..

Miss Veale

Yeale, NTD

cc: Mr Fifoot, Legal Advisers

154

GNN 340/393/1-F

ISSUE OF BN(0) PASSPORTS IN HONG KONG

Thank you for sending me down the papers on this subject, including the minuting in 1983.

1.

2. The royal prerogative in respect of the issue of passports is exercised by the Secretary of State for the Home Department in respect of UK passports issued in the UK and by the Secretary of State for Foreign and Commonwealth Affairs in respect of UK passports issued by posts abroad. The prerogative is exercised in Hong Kong by the Governor. If we wish BN(0) passports to be issued in Hong Kong but on the authorithy of the Secretary of State some arrangement will be needed whereby the Governor (and through him the relevant Hong Kong Government Department) is authorised to issue BN(O) passports as the agent of the Secretary of State.

3.

Like Mr Burrows (5 September 1983) and Mr Bickford

(17 January 1983) I do not see any legal objection to this course of action nor am I aware of any constitutional impropriety, and although it is 'most unusual' (Mr Bickford's minute) that in itself does not seem to me to cause difficulties.

4. As far the method by which this arrangement can be brought about, if there is no precedent for such an arrangement (and I understand that there is none, whether in consequence of the passing of the BNA 1981 or otherwise), the proper method would probably be a despatch from the Secretary of the State to the Governor. This would be in the form of a formal letter, setting out the position with regard to BN(0) passports, explaining why the arrangements were to be adopted, and asking the Governor to act on behalf of the Secretary of State. The correct time: for the letter to be sent would, I imagine, be after the passage of the nationality Order-in-Council next spring, but before the coming into operation of that Order (1 July 1987).

5.

As the Home Secretary and the Foreign Secretary both have the authority to issue UK passports there would not seem to me

to be any problem in the authority to the Governor issuing from just the Foreign Secretary, particularly when the passports are to be issued abroad. In practical terms the arrangements will no doubt be discussed in detail and agreed with the Home Office and particularly the Passport Office.

JE 18-77

Ltd. 7/84

8 August 1985

COVERING CONFIDENTIAL

John Grainger

JOHN GRAINGER Legal Advisers

W44/3 233 4816

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