Annex C
(a) BDTCS connected with Hong Kong
(i) The status of BDTC which cannot be acquired on or after 1 July 1997
nevertheless may be acquired up to and including 30 June 1997. But the
But the question is how to deal with applications for
naturalisation or registration as BDTCS which may be made before 30 June 1997 but have not yet been made. There is a risk of a late rush. Demand may exeed processing capacity. A person cannot acquire BN (0) status without first qualifying as a BDTC. Significant numbers of applicants could remain unprocessed and lose their chance to acquire BN (0) status if they successfully acquire BDTC status. There is a need to adopt cut-off dates and made transitional provisions operating before 1 July 1997 so as to ensure all applications are processed in sufficient time to enable successful applicants to acquire BN (0) status if they wish.
(ii) The Hong Kong Act 1985, Schedule, paragraph 2(3) allows for the making of an Order in Council including such
supplementary, transitional and
consequential provisions as appears to Her Majesty to be necessary or expedient for the purposes of the Order, including provisions amending the British Nationality Act 1981
(my underlining). This power would appear to allow for cut-off dates to be imposed for BDTC applications since these can be described as 'consequential' provisions which are necessary or expedient for the purposes of the 1986 Order, one of which is the loss of BDTC status on 1 July 1997. It also appears to allow for transitional provisions operating before 1 July 1997 to be made in order to process applications in the pipeline at the time of the cut-off date operates because they are necessary and expedient for the purposes of the 1986 Order, Article 3 which provides for the loss of BDTC status on 1 July 1997. This power would be exercised in the form of an Order amending the British Nationality Act 1981. There is a risk of challenge from potential applicants for BDTC status who
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