NOTE FOR FILE
18
Reference
CODE 18-77
BN (0) PASSPORTS
1.
We still owe Hong Kong a reply to their telno 2016 below.
2. I have researched the 1985 files (both NTD's and our own). As expected they both stretch to many volumes, in a nutshell HKG would like our comments on the following:
(a) Can we propose a cut-off date prior to 30 June 1997 by which time any BDTCs must apply to register as BN (0)s. This was agreed in principle in 1985 - leaving only the actual cut-off date to be nominated. It was suggested that Hong Kong name the day, and this appears more sensible.
(b) HKG ask if we can include a discretionary clause in the Order in Council empowering the Home Secretary to register a BDTC who misses the deadline. I think this may be a new idea. I cannot find it mentioned on the '85 file. Discretionary registrations are however not unusual in nationality legislation.
(c) HKG ask if we think that the 1985 Hong Kong Act requires different age groups of BDTCs to apply before different specific deadlines. I am not sure where this idea stems from. There is nothing I can find on the 1985 files.
This
(d) HKG wish to know if they can have a cut-off date for accepting applications for registration as BDTCs. is obviously essential, and I would think we can get around this. I have asked NTCD to see if transitional arrangements of former British Colonies may give a useful precedent.
3. A copy of the telegram was passed to Nationality Division of the Home Office, who would of course lead on drafting the legislation. I discussed the four points above. Their initial reaction was that they saw no great problem on any of the suggestions but said they would revert when they had taken legal advice..
in warpoul
4. Since drafting this the Home Office telephoned to say that they had now put their suggestions for a draft reply to Carol Kellas and hopefully it would be copied over shortly to seek our comments.
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K Hague
5 July 1991
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