A Mr Woodies would you please klephone to Kelly (I couldn't E get through) to ensure that he
bed Miss Brats!
ints, which we subscrive to. We would welcome keed back on
I did on 9/2.
faxed to Chris Kelly.
12
MVD
HKD 340/1
these points
а тобы ор
REC
in due
2) Miss
Bliss me be up
file for
09FEB 1993
to show Mr Morenis.
From:
812.
Mise S BOOKSEF Lege
IN Counsel'tor
.STRY
Taken
Date:
4 February 1993
Ms Barnes Jones
HKD
BRITISH NATIONALITY/HONG KONG:
ORDER IN COUNCIL
1. I have a number of comments on the draft Hong Kong (British Nationality) (Amendment) Order 1993 which was forwarded to you by Mr Kelly, Home Office. I had an initial word with Mr Kelly when I telephoned him to clear up some queries on the drafting of the Order.
2.
Article 1, paragraph 4 of the draft Order provides:
"Section 50 of the British Nationality Act 1981 (interpretation) shall apply to the interpretation of this order as it applies to the interpretation of that Act."
The Hong Kong (British Nationality) Order 1986, Article 7, paragraph 8 amended section 50 of the 1981 Act to insert the definition of British National (Overseas), (BN (0)), and amend the definition of British Overseas Citizens. Subject to the views of Home Office legal advisers, Article 1, paragraph 4 of this draft Order should probably be revised to refer to section 50 of the 1981 Act as amended by Article 7, paragraph 8 of the 1986 Order.
3. Article 2 of the draft Order amends Article 4 (2) of the 1986 Order. The effect of this will be that persons who are British Dependent Territories Citizens (BDTCS) and who apply to be registered as BN (0)s will no longer have an entitlement to be registered as BN (0)s lasting until 1 July 1997. This period of entitlement to registration will be severely curtailed by the timetable for the registration of BDTCs as BN (0)s which is set out in the draft Schedule to the Order (see draft Article 2 which amends Article 4(2) and adds new Article 4 (6) of the 1986 Order). According to the timetable, the final date for receipt of applications for the first tranche of applicants (those born between 1967 to 1971) is to be 30 October 1993. These people lose out worst because they will lose out by three years and eight months, and so on, to a progressively lesser extent, for each separate tranche. Aggrieved potential applicants who have lost out may challenge the cut-off dates. Whether or not any legal challenges would be successful depends on whether it can be shown that HMG may not reduce the present period during which applications for registration as BN (0)s must be made to the detriment of potential applicants. If they have not
1
/already