HICD 340/1
CONFIDENTIAL
RF:
FROM:
Miss S Brooks
2 8 AUG 1992
Legal Counsellor
DATE:
23 June 1992
Copy
EHK.
Mr Woodfow HKD
74
ARRANGEMENTS FOR REGISTERING HKBDTCS AND BN(0)S
1. I have the following comments to make on the draft Exco Memorandum. Firstly, on page 1 under the heading 'Problem', there is a reference to 'people wishing to register for BN (0) status or to become naturalised as BDTCs'. However, BDTCS may also acquire that status by registeration. similar point occurs on page 9 where the heading refers to 'Naturalisation'. It should probably read 'Naturalisation and Registration as BDTCs'. A number of the registration provisions in respect of BDTCs operated within 5 years after commencement of the 1981 Act, 1 January 1982, but there are some registration provisions which still appear to be in operation, for example, section 17, section 19(2) and section 22. I suggest that you ask Hong Kong whether they intend to include registration of BDTCs. I think they may intend to do so because paragraph 2(d) on page 2 refers to 'naturalisation and registration' of BDTCs; the omission of registration elsewhere is probably an oversight.
2. On page 2 at paragraph 2(b) it is recommended that the Order in Council should give the discretion to approve late applications for BN (0) status where applicants can show reasonable cause for missing their cut-off dates or where they are naturalised as BDTCs during or after their call-up phase. I think this can be done. I believe the vires would be the Hong Kong Act 1985 Schedule, paragraph 2(3). It is also proposed on page 2 at paragraph 2(d) that there should be a discretion to handle late applications for BDTC status where applicants can show reasonable excuse for missing their cut-off dates. Again, I think the vires probably exist under the Hong Kong Act 1985 Schedule, paragraph 2(3) to do this.
3.
Like the Home Office, I am unclear as to why an amendment to the Hong Kong Act in respect of cut-off dates for BDTCs should be sought at a later date (see again paragraph 2(d)). I do not think there is any need for two Orders to be made; there could be one Order in Council dealing with BDTCs and BN (0)s. In any case, I do not think there is any need for an amendment to the Hong Kong Act 1985. I believe the power exists to impose cut-off dates for naturalisation and registration of Hong Kong residents
PO1ACN