for BDTC status to apply for BN (0) status which does last after 1 July 1997. In theory, a person could become a BDTC on 29 June 1997 and submit his application for BN (0) status on 30 June 1997.
5. It clearly makes no sense to have transitional provisions operating after 1 July 1997 to rescue applicants whose applications have not been processed before 1 July 1997 since BDTC status disappears on 1 July 1997 and the only merit in acquiring BDTC status through a connection with Hong Kong in the last few years before 1 July 1997 is to enable a person to apply for BN (0) status. But I think there would be a need to make transitional provisions before that operate date in respect of BDTCs if cut off dates are adopted for BDTCS.
6. The power to make transitional provisions and set cut off dates for BDTCs is probably the same as that described in paragraph 5 above in relation to BN (0)s. The Hong Kong Act 1985 Schedule, paragraph 2(3) allows for the making of 'such supplementary, transitional and (my
consequential provisions as appear to Her Majesty to be molishing) necessary or expedient for the purposes of the Order,
including provisions amending the British Nationality Act 1981
I think this would allow for transitional provisions operating before 1 July 1997 to be made in relation to BDTCs since transitional provisions would be necessary and expedient for the purposes of the 1986 Order which provides for the loss of BDTC status. think this power would also allow for cut off dates to be imposed for BDTC applications since these could be described as consequential' provisions which are necessary or expedient for the purpose of the 1986 Order, one of which is the loss of BDTC status on 1 July 1997. Moreover, this power would allow for an Order to be made which amends the British Nationality Act 1981.
7. These are complex matters but I would be most grateful for your views.
Yours sincerely,
Shelagh Brocks
I
S Brooks (Miss) Legal Counsellor