TNAG-2932-FCO40-4207-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 61

(96)

2/6 MST.

Mrz Barnes Jones off

Mr Momnis. should see

سل

Моний

NBX at

papens -Miss Buss

Reference.........

Woodver asked to Hag up.

1875.

para 7; we give

weed to

thought to this.

Mr Morris

NTCD

CL 511

mot 2/6.

HILD 340/1

18....

Ean

BN (0) STATUS/BRITISH CITIZENSHIP

the

spent

•

From: Mr Iain Christie Assistant Legal Adviser K276A 270 2576

Date: 18 May 1993

cc: Mr Jones, UKPA

Mrs Barnes Jones, HKD Mr Kelly, Nationality

Office, Liverpool Ms Brooks, Legal Counsellor, FCO

1. Thank you for your further minute dated 30 April 1993 on the above subject matter, attaching additional papers. You are right that I have not been dealing with the related question of a phased programme for registering BDTCS as BN (0)s, but I took the precaution of showing my draft minute of 21 April 1993 to Shelagh Brooks, Hong Kong Department's Legal Counsellor, who has been dealing with that issue, before sending it to you.- She agreed with my conclusions.

2.

My previous advice was based on a copy of the Hong Kong (British Nationality) Order 1986 and a copy of the United Kingdom Memorandum associated with the Joint Declaration on the future of Hong Kong which appear to conflict on the requirements for attaining BN (0) status. In particular, it is unclear whether it is necessary for an applicant to be in physical possession of a BN (O) passport (or equivalent passport containing an endorsement to that effect) before 1 July 1997 in order to acquire the status of BN (0).

I expressed the view that I hoped it was possible to interpret the two documents in a consistent way so that the United Kingdom would not be embarrassed by giving effect to domestic legislation (The Hong Kong (British Nationality) Order 1986) which did not accord with its international declaration (the Memorandum) as to what effect that domestic legislation would have. As I said, acquisition of BN (0) status will be determined under the 1986 Order and not under the Memorandum. Having seen the very helpful note from RAD concerning the background to the negotiations in 1984, I am not so sure that such an interpretation is possible.

44 According to Mr Wye's analysis, it would appear that we did agree with the Chinese that for a person to benefit from the status of BN (0) after 1 July 1997 he must physically possess such a passport. If this is correct then we would appear to have been agreeing to create a very strange animal indeed. stated in my earlier minute, the general principle is that a passport or document entitling the holder to travel facilities

As

CODE 18-77