CODE 18-77
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• LLCC. How Ape.
9985
Mr Powell HKD (WH305)
HONG KONG (BRITISH NATIONALITY) ORDER 1985
1.
LA
1
I have now had the chance to read and consider Mr Hill's minute to me of 22 February. As it is the product of a lengthy discussion which we had on the issues involved there are not many further comments I would wish to make at this stage.
2. I would however wish to make the points that:
(i) on the construction of the Memorandum, it seems to me that
it is contemplated that those who will lose BDTC status are those who are ''mi x ed'' (and not ''separate'') BDTCs, and that therefore it is strongly arguable that this is the category of persons whom, if consistency in the memorandum is theaim, the Home Office should include in Article 3. The present draft sets out this position, and also excludes from loss of BDTC status those who are 'mixed and separate'' BDTCs.
(ii) Again, on the wording of the memorandum, it appears that it
is contemplated that those who may retain BN(0) status on 1 July 1997 are those who lose BDTC status. It therefore seems to me that there is an argument that there should not be provision in the Order for mixed and separate' BDTCs to apply for BN(0) status; in other words, the wording of Article 4 should be closely tied to the wording of Article 3, and the words at present in square brackets should be included.
(iii)I am not convinced that any further help can be obtained
from the British Nationality (Falkland Islands) Act 1983.
3. I hope that the above is of assistance and that it will help you to formulate our policy as to who should come within the terms of the Order.
4.
There
is
ale
typing
error
the relevant date;
Areticle 2 (2) should be
1 July 1997,
not
1977.
25 February 1985
cc: Mr Burrows (Legal Advisers)
Miss Veale (NTD)
John Carzigen
John Grainger Legal Advisers
Сергей
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to. :) R. ip.
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