TNAG-1557-FCO40-2121-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 109

HONG KONG

DRAFT ORDER IN COUNCIL

CONFIDENTIAL

BACKGROUND NOTE : PASSPORT MATTERS

There is considerable interest in Hong Kong in the nature of and arrangements for the new British National (Overseas) (BN(0)) passport. In recognition

of this the Hong Kong Government made available a note describing the essentials

of the proposed passport policy at the same time as publication of the White

Paper there.

Entitlement to a BN (0) Passport

The draft Order (Article 4(2) gives BN(0)s a unique entitlement to hold

or be included in a passport. This reflects the terms of the Memoranda

associated with the Sino-British Joint Declaration on Hong Kong which links the nationality status with the passport so that denial of a passport effectively

denies the status which is an entitlement.

All other passports are issued in exercise of the Royal Prerogative at the

discretion of the Home Secretary in the UK and of the Foreign and Commonwealth

Secretary from consular posts. There is no entitlement to such a passport:

it can be refused when the movement of minors contrary to Court Orders is

involved; where a person is to be arrested; in very rare cases where past

or proposed activities render enjoyment of facilities contrary to the public interest; and where a person has been repatriated at public expense and substantial debt is outstanding.

We do not think Ministers will wish to address specifically the question

of whether a BN(0) passport can nevertheless be withheld in the same circumstances

as other passports. We think, however, that it can, by granting the nationality status, but withholding physical possession of the passport. The detail

of how such cases would be handled has yet to be worked out with Hong Kong

but should not be difficult. There should be no problem about minors 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