TNAG-2185-FCO40-3122-Ethnic-minorities-in-Hong-Kong-1990 — Page 99

E.R.

Mr Page

© Mr Hague,

Pl. take monol Air Whonesly

Jessy week

ENDORSEMENTS IN BOC PASSPORTS

1.

2.

Jests

CC

Mrs Grimsey

Mr Harrington, Mr Seymour Miss Griffith

B4

Mr Harrington, B3 Mr J Morris, FCO

Thank you for your minute of 8 May on this subject.

I agree with you that the terms of the agreement with the Chinese appear to allow us to endorse BOC passports issued after 1997 to the effect that the owner has a Hong Kong permanent identity card. (I note in passing that Article XIV does not specify which authority should formally endorse the passport or other travel document but I assume that it is taken as implicit that it would be the issuing authority.) Your minute refers to the endorsement being made in passports issued by the Consulate General in Hong Kong. But BOC passports may be issued elsewhere in the world, in particular in London. I assume that this presents no difficulties. I also assume that the endorsement would be made only on request and need not be made only at the time of issue.

3. As you say, we have concerns about the precedent involved in all this. There are some millions of BOCs, or potential BOCS, world-wide and, given the sensitivity of their position, the Government is generally very careful to ensure that promises are not made which could cause problems later. For instance, it may not be too fanciful to suggest that some other Government, at a time when it suited them, could use the distinction between Hong Kong BOC passports and other BOC passports to imply that the United Kingdom had some added responsibility to allow those in the latter category to come and live here. It is also, at face value, not easy to see why the point should be conceded for Hong Kong BOCS. If potential BOCS are concerned about the absence of the endorsement, they can opt for BN(0) status: presumably, they want to become BOCS but with the endorsement so that they can have the best of both situations. Is it obvious that we must accept this?

4.

Depending on the comments of others, I think that our advice to Mr Lloyd should be on the following lines:

i. British Overseas citizenship exists for those who have no close connections with the United Kingdom or the Dependencies. It follows that that citizenship can confer no right of abode anywhere.

ii. Under the terms of the agreement with the Chinese, we would not be prevented from endorsing BOC passports in the way proposed. It would, however, set a precedent and there is a risk that this could lead to problems with BOCS elsewhere (of which there are some millions).