CONFIL........
(iv)
(v)
(vi)
(vii)
2
relevant period because of genuine needs as having justifiable exceptional
circumstances. If we may not, is there any way of building some more flexibility into this article?
We are not sure as to whether "registered as a British Dependent Territories Citizen" (1st line) and "registration" (second last line) in the proposed new Article 4(5) covers naturalization as a British Dependent Territories Citizen. If not then the draft should be amended to be so. It also appears to us that the new article would be clearer if it read
"If a person who is registered (or naturalised) as a British Dependent Territories Citizen in accordance with Article 2 during or after the relevant period applies within three months of the date of that registration (or
naturalisation) for registration as a British National (Overseas), the Secretary of State shall register him as a British National (Overseas) in accordance with paragraph (2) above."
The cut-off date for naturalisation/ registration as a BDTC we proposed in our ExCo Memorandum of 15 December 1992 was 31st March 1996. The proposed new subsection (6) to section 42 of the BNA 1981 now have it as 31st May 1996.
The phrase "shall be naturalised or
registered" in subsection (6) to Section 42 Of the BNA 1981 seems to imply that naturalisation/registration as a BDTC by virtue of having a connection with Hong Kong would become an entitlement if one can satisfy the relevant requirements and applies before the cut-off date. However, S. 17(1) and S. 18 of the BNA 1981 as they are now only provide for naturalisation/ registration at the discretion of the Secretary of State (the phrase "if he thinks fit refers).
"
contradiction?
Is this an area of
the date 31st May 1996" in the proposed new subsection (7) should also be amended to 31st March 1996".
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CONFIDENTIAL