TNAG-1408-FCO40-1883-Future-of-Hong-Kong-passports-and-visas-1985 — Page 59

SUPPLEMENTARY BRIEFING ON PASSPORT MATTERS

Operation of Article 4(2) giving entitlement to HOLD a passport alongside Royal Prerogative ISSUING of passports.

4(2) is a unique entitlement reflecting the terms of the Memoranda exchanged with the Chinese and we do not anticipate any problems. Parliament is aware of circumstances in which passports may be refused at present; where the movement of minors contrary to court orders is involved; where a person is to be arrested; in very rare cases where an individual's past or proposed activities render enjoyment of passport facilities contrary to the public interest; and where a person has been repatriated at public expense and substantial debt is outstanding. We believe they can work alongside each other so that an applicant for a BN (0) passport can be deemed to hold it and so acquire BN (0) status even if quite exceptionally we decline under the Royal Prerogative to allow physical possession of the document, which as the House may appreciate at all times remains the property of Her Majesty's Government.

[If pressed for fuller explanation of possible circumstances in which passport not issued.

There should be no problem with the first category since one of the parents or if necessary the courts can consent to the issuing of a passport; a person taken into custody can be issued with a passport though the police or prison authorities would keep possession; exercise of discretion to refuse on public interest grounds (the third category) would be quite exceptional and would require the express approval of the Secretary of State in the confident belief that Parliament would support the decision. Even here a passport could be made out to the individual though not handed over; any problems in the last category could be resolved by payment of the debt though again if necessary a passport could be made out but retained.]

Definition of UK nationals for EC purposes

British Citizens (excepting those who acquired their citizenship by virtue of a connection with the Channel Islands or the Isle of Man and who have no connection with the UK either by 5 years continuous residence or through a parent's or grandparent's birth, adoption, naturalisation or registration in the UK); British subjects with the right of abode in the UK and British Dependent Territories citizens who derive their citizenship through Gibraltar.

Definition of British nationals without EC rights

British Dependent Territories citizens (other than Gibraltar);

/British Overseas ...