CONFIDENTIAL

MR GOODLAD'S VISIT TO HONG KONG: 29 MAY- 1 JUNE 1993

BRIEF NO 10

NATIONALITY ISSUES

Registration of British Dependent Territories Citizens (BDTCS) as British Nationals (Overseas) (BNOS)

1.

Ministers agreed last summer that there should be a phased programme for registering BNOS because it would be impossible, without such a scheme, to guarantee that all potential applicants (estimated at around 3 million) would be able to register before the transfer of sovereignty on 1 July 1997. Accordingly, the Hong Kong (British Nationality) (Amendment) Order 1993 will prescribe cut-off dates (by age group) for the acquisition of BN (0) status. The first cut-off date (for 22-26 year olds) would come into effect in the autumn and deadlines would extend up until the end of 1996 with special arrangements for children born in 1997. The Governor would have discretion

to accept late applications under certain circumstances (which are not spelled out in the Order).

2.

First news of plans to set cut-off dates for the acquisition of BN (0) status did not provoke controversy in Hong Kong. Subsequently, the LegCo Nationality Sub Committee (members include Emily Lau and Christine Loh) criticised it on the grounds that it unfairly curtailed BDTCs' right to register as BN (0) s up until 30 June 1997, and that legal sanctions were unnecessary. HKG explained that it would be irresponsible not to provide a means to guarantee that everyone who wanted to register as BN (0) could do so. They also countered suspicions that the BN (0) passport is inferior to the BDTC passport.

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CONFIDENTIAL

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