Tool to backup, modify and clone ePassport released

[Peter Tomlinson]

Matthew Pemble wrote:
> Roland Perry wrote:
>> In article <10A0463C-5DD0-4A8E-852E-34B6BE861C07@batten.eu.org>, Ian 
>> Batten <igb@batten.eu.org> writes
>>> And are there any classes of people who will be entitled to a UK ID 
>>> card but are _not_ entitled to NHS treatment?
>> Depends if people with UK Passports and no right of abode are allowed 
>> an ID card [1]. And ex-pats aren't entitled to any more NHS treatment 
>> than a foreign tourist would be, I think - although all of the above 
>> might have an EHIC (nee e111) card that gives some limited treatment.
>>
>> [1] Later. The Border Agency has the following things as proof of 
>> right of abode:
>>
>> # a UK passport or an ID Card issued under the Identity Cards Act 
>> 2006 describing them as a British citizen; or
>> # a UK passport or an ID Card issued under the Identity Cards Act 
>> 2006 describing them as a British subject with the right of abode in 
>> the UK
>>
>> So it seems likely there *is* a class of people *with* and ID card, 
>> but no right of abode ie:
>>
>> * .... an ID Card issued under the Identity Cards Act 2006 describing 
>> them as a British subject AND NOT with the right of abode in the UK
> It doesn't quite follow - there are (were?) definitely classes of 
> people with a UK passport describing them as a British subject AND NOT 
> with the right of abode - Hong Kong Chinese prior to the handover, for 
> example. I am not sure that this class of people will be automatically 
> entitled (or required) to have an ID card. You get an ID card if you 
> are on the (evil, hiss, boo) Register:
>
>    s2(2) The individuals entitled to be entered in the Register are—
>
>    (a) every individual who has attained the age of 16 and, without
>    being excluded under subsection (3) from an entitlement to be
>    registered, is residing at a place in the United Kingdom; and
>
>    (b) every individual of a prescribed description who has resided in
>    the United Kingdom or who is proposing to enter the United Kingdom.
>
> Now s2(3) has:
>
>    Regulations made by the Secretary of State may provide that an
>    individual residing in the United Kingdom is excluded from an
>    entitlement to be registered if—
>
>    (a) he is residing in the United Kingdom in exercise of an
>    entitlement to remain there that will end less than the prescribed
>    period after it was acquired;
>
>    (b) he is an individual of a prescribed description who has not yet
>    been resident in the United Kingdom for the prescribed period; or
>
>    (c) he is residing in the United Kingdom despite having no
>    entitlement to remain there.
>
> So, if you are not in the UK (because, quite plausibly, you have no 
> right of abode) - no Register entry (dance around table) & no ID card. 
> Or, even if you are in the UK you might fall under (c), as a vistor, 
> health tourist, etc.
>
> But this all depends on the righteousness of Her Majesty's Secretary 
> of State, so, frankly, we're all dooooomed.
>
> Matthew 
So, Matthew, diligent student of the law, where is the clause that 
permits the SofS to say to a person: "you third country (i.e. non-EEA) 
national are entitled to reside here (we have granted you that), you 
have been here x months (which might be very close to zero, i.e. you 
have just arrived and we are going to let you stay), to stay you now 
have to have a UK ID card, you will give HMG xx (or xxx) pounds or we 
will throw you out"?

Peter

PS Just as an aside, see also Section 29 of the Identity Cards Act 2006 
[1]: if you are deemed to have done something that causes the NIS to 
misbehave (or to have caused it to misbehave by not doing something), no 
matter how long ago you did it or didn't do it, you are going to be 
charged with a criminal offence and there is no defence if you did/did 
not do that thing. That is why some people are very wary of being 
involved in a project that has good as well as bad parts.

[1] 
http://p10.hostingprod.com/@spyblog.org.uk/blog/2007/08/id-cards-national-identity-register-procurement-begins-which-company-directors-f.html