TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 174

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MKD 340/1

RECEIVED IN RES

CONFIDENTIAL

19 AUG 1993

CONFIDENTIAL

FM FCO

DESK OFFICE

INDEX

TO IMMEDIATE HONG KONG

TELNO 767

OF 181031Z AUGUST 93

INFO IMMEDIATE JLG HONG KONG

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BNO 3401

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YOUR TELNO 1289: BDTC/BN (0) PASSPORT ARRANGEMENTS FOR BRITISH CITIZENS

1. TUR raised concerns about instructions contained in our telno 154 to overseas posts (not to JLG) which gave guidelines about how British citizens (BCs) can be registered as British Nationals Overseas (BN (0)s) and about endorsing the passports of BCs who have so registered.

2. To meet your concern on the problems potentially arising after 30 June 1997 from an endorsement stating that the holder has right of abode in Hong Kong, we propose that the endorsement of the BC passport be simplified to read 'The holder of this passport is also a British National (Overseas).' This follows standard practice as set out in DSP.

3.

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On right of abode, our working assumption had been that the vast majority of BN (0)s would have right of abode in Hong Kong after 1997, because they will also be Chinese nationals. The instructions in our TUR were based on arrangements communicated by Morris (NTCD) Letter reference NTN340/393/1 of 15 June to Mrs Chow, HKID. It is true that in the case of BCs who are BN (0)s and who are not ethnically Chinese, that right of abode will hinge upon the Legislation of the Hong Kong Special Administrative Region giving effect to Article 24 (4) of the Basic Law, but we would expect those in this category to be very few. You refer to BN (0)s who are also BCs as ''Foreign nationals'' but this will not necessarily be the case. Morris' letter under reference addressed a case which HKID raised on 24 February. The BDTC in question was ethnically Chinese and a BC (she acquired a right of abode in the UK under the Immigration Act of 1971). wished to register as a BN (0) but did not want a BN (0) passport. On the face of it, she would have right of abode in the HKSAR under Article 24 (1). Are you suggesting that a person in her position would risk losing their right of abode in Hong Kong by reason of being a BC?

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CONFIDENTIAL