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derive from acquiring BN(O) status. "Mrs A" who is referred to in the letter from the Hong Kong immigration department is said as having "no intention to hold or travel on a EN(O) passport". As Mr Christie says in his note, "A person who is a BN(0) possesses not so much a nationality as a qualification for UK travel facilities.". A British citizen will, of course, already have UK travel facilities. There is nothing that I can see in article XIV of the Elaboration by the Government of the Peoples Republic of China of its basic policies regarding Hong Kong which gives any right of abode to a person by virtue of his being a BN(O). There is, of course, nothing to stop the endorsement of a British citizen's passport with the words suggested by Mr Morris, indicating that the holder has a Hong Kong permanent identity card and that the holder had the right of abode in Hong Kong. Nothing extra is, however, gained by stating that the holder is also a BN(O).
4.
Subject to your views, I can, therefore, see no point in a British citizen also registering as a BN(O). If, however, it is decided that British citizens who are also BDTC's must be entitled to be registered as BN(O)'s then I believe it will be possible for a British citizen's passport to be endorsed to the effect that the holder is also a BN(O). It is arguable whether this would constitute "such a British passport" under the Memorandum, but I would not necessarily disagree with Mr Christie's view, at paragraph 7 of his note, that it does. As a matter of practice it would seem preferable to issuing a BN(O) passport which is then retained on file or issuing a BN(O) passport merely to subsequently cancel it.
5. The problem of applicants who register for BN(0) status but fail to turn up to collect their passports seems to me to be a difficult one. As will be apparent from what I have said above, I disagree with Mr Christie's view, at paragraph 9 of his note, that "non exercise of the right to hold a BN(O) passport cannot
affect the holding of the
status". I agree that "hold" does not necessarily mean bare physical possession, it does, however, I would argue, indicate that the passport must have actually been issued. If someone has not collected their passport before 1st July 1997 I do not consider that the passport can, in any real sense, be said to have been issued. It would be my view,
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P.DE
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