TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 151

5.

Because it reflects the unique circumstances of Hong Kong and the Agreement, it would be wrong to regard it as a precedent

which could be applied to other British nationals. Other British

nationals may choose whether or not to hold a passport: in effect,

BN(0)s do not have that choice, because the terms of the

Memorandum preclude it.

6.

Furthermore, there is a clear distinction between holding

and being in physical possession of a passport. For example,

a person who has lost his passport is regarded as a passport holder, even though it is not actually in his possession. The

actual issue, renewal and replacement of BN (0) passports will be

effected under the prerogative. Giving an entitlement to hold a

passport would not prevent the competent authorities from withholding

its physical possession from an individual whose travel they did not wish to assist for legitimate reasons (strictly speaking a passport is not necessary to leave a country).

E.9