House of Commons - Foreign Affairs

Select Committee on Foreign Affairs Minutes of Evidence

Supplementary memorandum by the Foreign and Commonwealth Office

BN(O) AND HKSAR PASSPORTS: VISA-FREE ACCESS

(I) brief background on visa-free access for Hong Kong residents before the handover;

(II) general background on the BN(O)) and HKSAR passports;

(III) the current position on which countries grant visa-free access to the BN(O) passport (list at Annex A) and the HKSAR passport (list at Annex B);

(I) VISA-FREE ACCESS FOR HONG KONG RESIDENTS BEFORE THE HANDOVER

2. Before the handover, Hong Kong residents travelled on any of the following passports/documents (depending on their entitlement):

— Hong Kong British Dependent Territories Citizen (BDTC) passports;

— British National (Overseas) (BN(O)) passports (where they had been issued in line with the phased registration programme (see below));

— Certificates of identity (COIs); and

— Documents of Identity (DOIs).

In general, visa-free access for visits was fairly widely granted to the Hong Kong BDTC passport and, as it became established, to its successor: the BN(O) passport (see paragraphs 3-6 below). However, COI and DOI holders did not enjoy the benefits of visa-free travel; not even for visits to the UK.

(II) GENERAL BACKGROUND ON THE BN(O) PASSPORT

3. The Hong Kong (British Nationality) Order 1986 gave all individuals, who were British Dependent Territories Citizens (BDTCs) by virtue of a connection with Hong Kong, the right to acquire its successor status of British National (Overseas) (BN(O)) before 1 July 1997, on which date Hong Kong BDTC citizenship ceased to exist.

4. Due to the anticipated large number of applicants, the Hong Kong (British Nationality) (Amendment) Order 1993 set out a series of dates, up to 31 March 1997, during which BDTCs seeking the status of BN(O) had to apply. BN(O) passports were therefore issued to all those eligible through this phased registration programme over several years and were valid for use from the date of issue. As a result, the BN(O) passport was already in circulation, and well established, before the handover.

5. BN(O) passports are now held by over half the population of Hong Kong (3.5 million have been issued) and contain the right of abode in Hong Kong endorsement. BN(O)s continue, therefore, to be returnable to Hong Kong and are entitled to British consular protection while in a third country. The majority of BN(O)s are also eligible to apply for the HKSAR passport.

6. All eligible BN(O)s had to acquire their new passport before 1 July 1997, with the exception of children born in the first six months of 1997 who had until 31 December 1997 to acquire them. The status can be held for the lifetime of the holder but cannot be passed on to dependants. All those eligible have therefore been issued with passports and only replacements/renewals can be issued by British passport issuing offices and missions. The BN(0) passport looks identical to the European model of the UK passport and includes the same safeguard features, but does not have "European Community" printed on the front cover.

GENERAL BACKGROUND ON THE HKSAR PASSPORT

7. Issue of the HKSAR passport began after 1 July 1997, strictly under the sole control of the SAR Immigration Department. It is a high quality passport which meets international standards. It is visually distinct from, and technologically far more advanced than, the PRC passport. Its security features, particularly the digitised photograph and the secure photo code are entirely under the control of the SAR Immigration Department. It clearly states that the holder has the right of abode in the HKSAR and is returnable there.

8. Some 5.7 million ethnic Chinese who are permanent residents of Hong Kong qualify for the SAR passport. Immigrants from China must live in Hong Kong continuously for seven years before they qualify for permanent residence and a SAR passport. SAR immigration policy is separate from that of China, and mainland Chinese have no right of abode in Hong Kong.

(III) VISA-FREE ACCESS FOR THE BN(O) PASSPORT

9. Since the introduction of the BN(O) passport, we have made a significant effort to explain the new passport and its features to all countries worldwide, highlighting the right of abode in Hong Kong endorsement, and the guaranteed returnability across the board of BN(O)s to Hong Kong. As a result, some 88 countries grant visa-free access to BN(O)s, mostly for short-term visits (full list at Annex A).

VISA-FREE ACCESS FOR THE HKSAR PASSPORT

10. Issue of the HKSAR passport began after 1 July 1997. On 4 March 1996 the United Kingdom announced that HKSAR passport holders would not need visas to visit the UK. Following this announcement, HMG launched a major campaign, co-ordinated closely with the Hong Kong Government, to lobby key countries to follow suit. In addition to the other 14 Member States of the European Union, countries lobbied included Hong Kong's neighbours, main trade partners and travel destinations. To date, some 45 countries grant visa-free access to holders of the HKSAR passport (full list at Annex B).