TNAG-2931-FCO40-4206-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 38

CONFIDENTIAL

2

Both

the BNA 1981 and the Hong Kong (British Nationality) Order 1986 do not contain any provision to enable separate registration for the BN (0) status. At present, application for registration as BN (0) is embodied in an application for a BN(0) passport.

Enquiry from Mrs A

We have recently received enquiries from members of the public on this issue. One of the enquiries is from a lady (hereunder referred to as Mrs A) who is a BC as well as a Hong Kong BDTC intending to be registered as a BN(0) but has no intention to hold or travel on a BN (0) passport.

Mrs A was a British Subject : Citizen of the United Kingdom and Colonies by virtue of her birth in Hong Kong. She also acquired the Right of Abode in the United Kingdom under $ 2(2) of Immigration Act 1971 by virtue of her marriage to તે person who is patrial under S 2(1) of the same Act. Therefore, at commencement of the British Nationality Act 1981 on 1 January 1983, she is both a BC [Section 11(1) of BNA 1981] as well as a BDTC [Section 23(1) of BNA 1981]. Presently, she travels on a British citizen passport.

The case of Mr Tameen A Ebrahim

Mrs A's enquiry led us recall the case of Mr Tameen A Ebrahim, which though not totally identical, bore quite a lot of resemblance.

Не

Mr Ebrahim was born in Hong Kong on 29 June 1970 and was issued with a British Hong Kong passport no. 975508 on 6 September 1988 with his national status described as British Dependent Territories citizen, Hong Kong. also holds a Hong Kong permanent identity card no. XD 809177(9). By virtue. of his

his mother's registration as a citizen of the United Kingdom and Colonies in a

Commonwealth country prior to his birth, he acquired the right of abode . in the

the United Kingdom under Section 2(1)(b) (i) of the Immigration Act 1971 and became a British citizen at the commencement of the British Nationality Act 1981. The national status on his British (Hong Kong) passport was therefore amended to British citizen on 13 December 1988.

To facilitate his travels to Israel and Arab countries, he was issued upon application with a second British

British passport

passport by the Passport Office, Newport on 8 March 1989 with his national status inscribed as British citizen. In addition, he also registered as a British National (Overseas) on 14 March

March 1989, and Newport informed us that an endorsement to the effect that 'Holder of the passport is also a British National (Overseas) with the right of abode in Hong Kong' was endorsed on page 5 of his second British passport. According to Passport Office, Newport, the BN (0) passport that Mr Ebrahim applied for had not been issued but had in fact been retained on file. Copy of our correspondence with Passport Office, Newport are at Annexes B, C and D.

CONFIDENTIAL

/ 3....