TNAG-2370-FCO40-3445-Hong-Kong-nationality-British-National-(Overseas)-passports-1991 — Page 17

་

CONFIDENTIAL

FM IMMIG HONG KONG

TO PRIORITY FCO

TELNO 3141

OF 08073OZ OCTOBER 91

CONFIDENTIAL

FOLLOWING: FOR HONG KONG DEPT. FROM:

DIRECTOR OF

IMMIGRATION.

ca Murielly (ND, Loiprol

се

020467

Mo Weston, Home Office MDLIAN 5266

Legal Advivers.

a

Missbrates

I suspect, from the last senter of para &, und from panas, Rav subtle way of enconagin

this is a

us to

to give

them an

early response

to the BN(0) registration question. But on substance and your views,

I think they

point here, Graceful and those of Mr Kelly and

ALLOWING PERSONS TO HOLD BDTC AND BN (0) PASSPORTS CONCURRENTLY.

hows

Ms Weston

1.

FROM EXCHANGE OF VIEWS IN YOUR TELNOS 71 OF 24 JANUARY 1983, 393 OF 11 MARCH 1985 AND 989 OF 10 JULY 1985, YOU ADVISED THAT IN ACCORDANCE WITH YOUR NORMAL ADMINISTRATIVE PRACTICE A PERSON SHOULD HOLD ONLY ONE BRITISH PASSPORT AT A TIME AND THAT THEREFORE A PERSON SHOULD NOT HOLD A BDTC AND A BN (O) PASSPORT CONCURRENTLY. AT PRESENT HKBDTCS ARE REQUIRED TO SURRENDER THEIR BDTC PASSPORTS IN EXCHANGE FOR THEIR BN (0) PASSPORTS.

2.

WE APPRECIATE THE REASONS FOR THE PROHIBITION BUT IT APPEARS THAT THE PROHIBITION ON HOLDING TWO PASSPORTS IS A MATTER OF PRACTICE AND NOT OF LAW. PARAGRAPH 2(2) OF THE SCHEDULE TO THE HONG KONG ACT 1985 AND ARTICLE 4(3) OF THE HONG KONG (BRITISH NATIONALITY) ORDER 1986 MAKE IT CLEAR THAT A PERSON WHO BECOMES A BN (0) ONLY RETAINS THAT STATUS PROVIDED THAT HE RETAINS HIS STATUS AS A BDTC UNTIL 30 JUNE 1997 AND THAT PRIOR TO 1 JULY 1997. THEREFORE ALL BN (0)S ARE DUAL BN (0)/BDTCS.

3.

IN RELATION TO THE ARRANGEMENTS FOR REGISTRATION OF HKBDTCS AS BN (0)S, IT SEEMS THAT AS 1997 APPROACHES, AND THE VALIDITY OF A HKBDTC PASSPORT DIMINISHES, THERE IS MUCH TO BE SAID FOR ALLOWING A BN (0) TO RETAIN HIS BDTC PASSPORT. AT THE END OF AUGUST 1991, OF THE ESTIMATED 3.4 MILLION HKBDTCS, ONLY ABOUT 0.24 MILLION (7 PERCENT) HAD EXCHANGED FOR BN(0) PASSPORTS. THE REQUIREMENT THAT THEY SURRENDER THEIR HKBDTC PASSPORTS, WITH WHICH THEY ARE FAMILIAR AND FEEL MORE COMFORTABLE, MAY BE A FACTOR IN DISCOURAGING THEM FROM APPLYING FOR REGISTRATION AS BN (0)S. IF THEY WERE ALLOWED TO HOLD BDTC AND BN (0) PASSPORTS CONCURRENTLY, THEY WOULD NOT HAVE TO OPT BEFORE 1997 FOR WHAT MAY APPEAR TO THEM TO BE A LESS SATISFACTORY TRAVEL DOCUMENT.

4.

THERE APPEARS TO BE GOOD REASONS FOR PERMITTING A DEPARTURE FROM NORMAL PRACTICE TO ALLOW A BN (0) TO RETAIN HIS BDTC

PAGE CONFIDENTIAL

Thom

HID

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