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CONFIDENTIAL
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Background
3.
BDTC status for the people of Hong Kong will disappear
on 1 July 1997 when the territory is handed over to China.
This status is being replaced by that of BN (O), created by the Hong Kong (British Nationality) Order 1986, and which
will continue after 1997. The Hong Kong Government estimate that 3.4 million Hong Kong BDTCs will be potentially eligible for registration as BN (0)s but that so far only 0.3 million have obtained BN (0) passports. A late rush of applications for BDTC and BN (0) passports would cause real problems, for the following reasons.
BDTCS connected with Hong Kong
4.
A person cannot acquire BN (0) status without first qualifying as a BDTC. Under existing legislation, the British Nationality Act 1981, suitably qualified Hong Kong people may register or naturalize as BDTCs up to midnight on
30 June 1997. But if they do so just before 30 June 1997, there will be no time to process their applications and issue them with passports before 30 June 1997. At present there is no power to register or naturalise after that date.
There is therefore a need to adopt cut-off dates and make 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. The Hong Kong Act 1985 (Schedule, paragraph
2 (3)) appears to allow for the making of an Order in Council to impose cut-off dates for BDTC applications.
5.
There is a risk that potential applicants for BDTC
status, who have not submitted their applications before the
cut-off date, might seek to challenge the vires of the new
Order in Council on the grounds that it would remove their
entitlement under current legislation to register up to and including 30 June 1997. In order to minimise the risk of
JH4ABQ/2
CONFIDENTIAL