TNAG-1408-FCO40-1883-Future-of-Hong-Kong-passports-and-visas-1985 — Page 77

Reference

-Sant

GNN 340/393/1

(174

Mr Grant, Finance Department

ISSUE OF BN(0) PASSPORTS IN HONG KONG

1.

Please refer to Mr Escritt's minute of 10 July to Miss Veale about the arrangements for the issue of BN(O) passports in Hong Kong. As requested I give some of the background to the way in which passports are issued.

2.

Passports are issued under the Royal prerogative and there is no law governing their grant or refusal. 'United Kingdom' passports are issued at the discretion of the Secretary of State for the Home Department in respect of those issued in the United Kingdom, and at the discretion of the Secretary of State for Foreign and Commonwealth Affairs in respect of those issued at British missions overseas. Each exercises separately the Royal prerogative. However in their respective territories, the Lieutenant Governors of the Channel Islands and the Isle of Man and the Governors and Administrators of UK dependent territories are deemed to have the authority to exercise the Royal prerogative in their own right. Current procedure therefore is that the Governor in Hong Kong is responsible for passport issuing in Hong Kong.

3.

This extends to the ordering and payment for blank passports and associated stationery. The Hong Kong Government does not account to the FCO for fees levied but levy them under its own fees ordinance. It is therefore a completely separate operation. The passports themselves bear the title of the dependent territory, 'Hong Kong', on the outside cover in place of the words 'United Kingdom of Great Britain and Northern Ireland' and on the inside front cover the exhortation is in the name of the Governor rather than of the Secretary of State.

4.

Dependent territory passports may be issued in those territories to any category of British national. However, because of the terms of visa abolition agreements and also to avoid any confusion for foreign immigration authorities, it is the usual practice for British nationals having the right of abode in the United Kingdom to have their passports issued either by the Passport Office in London or by a neighbouring diplomatic post using the 'bag scheme'. The position is therefore that with the sole exception of Falkland Islands (and for a few more months Anguilla), 'United Kingdom' passports are not issued in British dependent territories.

5.

From the foregoing you will see that the United Kingdom is not at present involved in passport issuing in Hong Kong. The matter is entirely in the hands of the Hong Kong Government. However because of the agreement with the Chinese on the future of Hong Kong and the nature of the new national status of BN (0) it would not be appro- priate for the Hong Kong Government to issue passports (which will remain valid after 30.6.97) to this category of British national. We therefore seek to empower the Governor to act under the Foreign and Commonwealth Secretary's exercise of the Royal prerogative in the matter of issuing these passports. (Passports showing the holder's status as British Dependent Territories citizen (BDTC) will continue to be issued under the Governor's exercise of the Royal prerogative, as at present, to those who do not wish to apply for BN(0) status). There is no earlier parallel to what we are proposing

/I understand

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