PERSONAL - IN
CONFIDENCE
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First news of plans to set cut-off dates for the acquisition of BN (0) status did not provoke controversy in Hong Kong. The Programme was first mentioned to LegCo in a press release last December, and was first raised at the Nationality
Sub-Committee on 11 March. In March, LegCo expressed no objection in principle and welcomed the programme as
recognising and tackling the problem which would result from a
last minute rush. Subsequently, the LegCo Nationality
Sub-Committee appeared to get cold feet and queried the exercise.
CHKG have no evidence that Hong Kong people
are exercised about the issues). The Sub-Committee have
complained eg:
5.
· that a phased programme will remove the "right" of BDTCs
to apply for BN (0) passports right up until 30 June 1997
(Technically true, but all that would be curtailed in
practice is the "right" to prevaricate until it was actually too late to be issued with a passport);
that provision for a cut-off date was not included in the
1986 Order (The reason is that the drafters of the 1986
Order were providing for an entitlement, not specifying
administrative mechanisms and anyway did not anticipate
that Hong Kong people would prevaricate);
that they doubt the need to give legal force to the
cut-off date (But HKG know from experience of administering the Certificate of Identity programme, that Hong Kong people need to be compelled to meet deadlines).
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In reponse to LegCo's doubts, HKG obtained from Exco a
second endorsement of the Phased Registration Programme (on 4
May). HKG have explained to the Sub-Committee that it would be irresponsible not to provide a means to guarantee that everyone
S.BRIEFS.NH/JRB