HONG KONG NATIONALITY ORDER IN COUNCIL
POINTS FOR CRITICISM
5. ACQUISITION OF BN(0) PASSPORTS: ENTITLEMENT
CRITICISM
1.
It is constitutionally wrong to provide for an entitlement to
a BN(0) passport since passports are issued under the Royal Prerogative.
It sets an undesirable precedent, which could lead to demands for legislation giving other British nationals an entitlement to a passport.
PROVISION IN THE ORDER
2.
Article 4(2) gives an entitlement to BN(0)s to hold a passport.
Line to Take
3. The entitlement to hold a BN (0) passport is the unique consequence of the terms of the Hong Kong Agreement and the UK Memorandum. It
is the strong wish of Hong Kong. It would be a nonsense to give an entitlement to citizenship but not the passport which under the Agreement and Memorandum is the essential concomitant of that citizenship.
It should not be taken as a precedent.
Background
The
4. The provision in Article 4(2) reflects the unique circumstances of the Hong Kong Agreement and the terms of the UK Memorandum. Memorandum quite clearly links the new status with the passport, and those concerned will expect to see this link reflected in the Order.
Since there is a direct and unbreachable link between BN (0) status
and the passport, it would be illogical and inconsistent to make the
holding of a passport discretionary since refusal would amount to
denial of BN(0) status, which itself is an entitlement.
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