TNAG-2931-FCO40-4206-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 86

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Immigration and Nationality Department

Nationality Division 3rd Floor India Buildings Water Street Liverpool L2 0QN Telephone 051-236 4723

Ms Zoe Bliss

Hong Kong Department

Foreign and Commonwealth Office

King Charles Street

London

SW1A OAA

BY FAX

HOME OFFICE

ind

Your reference

Our reference NY/93 170/1080/3 Date

30 March, 1993

P.1/3.

42

Dear Ms Bliss

BN(0) PASSPORTS

I am replying, in Chris Kelly's absence, to your request today for advice on Hong Kong's telegram about tomorrow's LEGCO sub-committee meeting to discuss the BN(0) registration programme.

The concern reported in para.1 of the telegram is of course unnecessary. Any HKBDTC is entitled to retain this status up to and including 30.6.1997, whether or not he acquires the additional status of BN(0). It is not, however, permitted for a person to hold HKBDTC and a BN(0) passport simultaneously.

This policy is not unique to Hong Kong and applies to any combination of passports, eg. BDTC/BC or BN(0)/BC. The reasons for this are explained in Chris Kelly's note of 22.10.1991 to John Woodrew (copy attached).

Para.2 of Hong Kong's telegram asks about the position of 2 categories of person. It is assumed that a person in the first category has not renounced BN(0) to revert to HKBDTC but has merely surrendered (or perhaps declined to be issued with) a BN(0) passport in favour of a HKBDTC passport. His position on 1.7.1997 would be that he would cease to be a HKBDTC and his passport in that status would become invalid (presumably no HKBDTC passport will have been issued or renewed so as to be valid beyond 30.6.1997), Having already been registered as a BN(0), a person in this category will remain a BN(0) beyond 30.6.1997 and will again be entitled to hold a BN(0) passport. (However, if a person in the first category had renounced BN(0) status in favour of HKBDTC, he would be in exactly the same position as a HKBDTC who had never acquired BN(0) status. He could not apply to resume BN(0) status after 30.6.1997 since there is no provision in the British Nationality Act 1981, as amended by the 1986 Order, for this.) -A person in the second category mentioned in para.2 who had lost his BN(0) passport before 1.7.1997 would also be eligible to hold annthar PN{O) nadonnat Far similar назедАС

The date of acquisition of EN(U) status is determined by section 42(2 of the British Hellemelity

the this

of the telegram is correct.

Yours sincerely

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