TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 104

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19 OCT 1993

ENDORSEMENT IN BC PASSPORTS FOR BN (0)S

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original got lost in HKD 1. I would like to fill you in on some technical exchanges between HKG, NTCD the Home Office and ourselves about passport arrangements for British citizens who are also eligible for BN (0) status and to consult you on whether we can support the line NTCD would like to take in paragraph 2 of their attached draft telegram which responds to Hong Kong

telno 1420.

2.

242

Hong Kong has raised various objections to our instructions to them for registering eligible British citizens as BN (0)s and endorsing the BC passport to show that this has been done. Hong Kong's concern is that the procedure we have instructed them to follow would not involve physically issuing a BN (0) passport (which would then be immediately cancelled). They see the physical possession of the passport as important in ensuring that the person in question can qualify for recognition of their BN (0) status by the Chinese side, in line with the UK Memorandum associated with the Joint Declaration.

3.

Mr Morris has argued that at this end Legal Advisers in the FCO and the Home Office have accepted that a BC passport with a BN (0) observation is in keeping with the UK/China Memorandum and that people with BN (0) status recorded in this way do fulfil the conditions set out in the Memorandum for acquiring the "appropriate status" ie BN (0) succeeding that of BDTC. He proposes to repeat this argument in a draft reply to HKG's latest approach after consulting with Mr Kelly (B4 Home Office) and ourselves.

4. This is a neat solution practically the Home Office would not of course allow the British citizens to carry two British passports. But on reviewing the papers I wonder whether we should not go back to Legal Advisers to get their formal agreement that endorsing BC passports in the way suggested is in keeping with the UK Memorandum rather more firmly on record. You will see that Mr Giles' sanction for this course is pretty grudging and that he does not necessarily believe that this process would indeed fit the bill. Mr Christie wonders whether we should consult the Chinese - not something we would want to do, I assume, given the scope for mischief making.

5. The most recent of the relevant papers are FCO tel no 767 (folio 227), Hong Kong telno 1420 (folio 239), NTCD draft response to 1420 (folio 247) and Mr Kelly's comments on the draft (folio 250). I also attach a copy of Mr Morris' letter of 15 June to Mrs Chow, alerting HKG to our legal opinion that an endorsement in a BC passport is sufficient to constitute

endor.VISA, dbj

CODE 18-77