CONFIDENTIAL
registration as BDTCS.
This would enable HKID to ensure the
processing of all applications for BN (0) status in good time
before the final 30 June 1997 deadline.
8.
This would also be the least problematic solution from the political perspective. Some Hong Kongers might object
to the restriction of their entitlement which otherwise
would extend to 30 June 1997, and may seek judicial review.
But we believe this is defensible, and is probably less
damaging a prospect than seeking transitional powers to
permit registration of BN (0)s after 1 July 1997 (as it were,
the alternative strategy); which would bring us into
conflict with the Chinese on the grounds that it would
breach the UK Memorandum, (which states that [BN (0)]
passports must be obtained before 1 July 1997).
9. A reply to HK Telno 2016 is greatly overdue. It has
taken until now to persuade reluctant Home Office officials
and their Legal Advisers that the existing legislation is so flawed that on legal grounds alone (as well as on policy grounds) it requires amendment. They now so agree. As to timing: we do not need to rush into legislation, it is essential only that the amendment permitting the required cut-off dates is in place before those proposed dates take
effect. But in any event we owe Hong Kong the courtesy of
an early reply, to permit them to plan their advertising campaign, and to begin the consultation process on what form the legislation should take, with a view to a further
submission in due course.
Тоий
J C Morris
JM3AAL/4
A great deal of careful work has gone into this here and in the home office. I think the telegram
sets out the proposals clearly.
CONFIDENTIAL
Schalts
Роллы гора