months to process BN (0) passport applications the Hong Kong
immigration authorities say that they cannot guarantee to process
applications received after 1 June 1995, or if certain streamlining measures are introduced, mid 1996. The possibility of processing applications for BN (0) status after 30 June 1997 has been ruled out on the grounds that it would be in breach of the agreement reached with the Chinese and would be likely to
cause political problems.
LEGAL ADVICE
5. Officials in Hong Kong have been in touch with the Home Office and FCO about the possibility of setting cut off dates for the acquisition of both HKBDTC and BN (0) status. They believe that cut off dates enjoying the force of law are the only way in
which to ensure that most of the people eligible for BN (0) status can acquire it if they so wish. Without legal deadlines they can
see no incentive for people to apply in good time. After
consultation with legal advisers the essence of the advice which
has been given is that
(a) there is power under the Hong Kong Act 1985 Schedule paragraph 2(2) to set by Order-in-Council cut-off dates for applications for BN (0) status
(b) there is similar power under paragraph 2(3) of the
of the same
Schedule to allow amendment of the British Nationality Act 1981,
setting cut off dates for BDTC applications
(c)
aggrieved potential applicants might challenge the setting of cut off dates since this would conflict with Article 4(2) of
the 1986 Order which gives BDTCs an entitlement to registration
as BN (O)s up to 1 July 1997. This entitlement would be lost if
Article 4(2) were amended, as it would have to be if cut off dates were set. There might therefore be need of an "escape
clause" to give the Home Secretary discretion up to 30 June 1997 to register an applicant for either BDTC or BN(0) status who for whatever reason failed to apply before the relevant cut off date.