Ref: NTN 340/393/2
Mrs Barnes Jones (Hong Kong Dept, WH312)
Faxed to
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3/2 HICD 346/1
BRITISH NATIONALITY/HONG KONG: ORDER IN COUNCIL
9
file
04FEE 1993
.STRY
akeli
I just temporarily Forgot!
to check with Chais
1.
Thank you for sending a copy of your minute of 21 January to Miss Brooks to this department.
2. On the text of the Order in Council, our only comment is that the cut-off date of 31 December 1996 for anyone born in the last quarter of that year seems a bit harsh. In effect it means that a child born on 31 December 1996 would have to have an application for BN (0) status made on their behalf on the same day. In practice, I assume that such applications will benefit from the new proposed Article 4(4).
3. Our main concern, however, is on the effect of the Order on our Overseas Posts. These concerns have been expressed previously and, in this connection, I attach a copy of a minute dated 20 July 1992 which was copied to your department. Paragraph 4 of that minute is particularly relevant. Our concerns become even more acute since it is now intended not only to have cut-off dates but also commencement dates for applications depending on the year of birth of the applicant. We still hope that it will be possible for our Posts overseas to be given a blanket dispensation to accept applications outside the designated periods. If necessary, this could be achieved by amending the Order in Council to the effect that the Order would not apply to applicants resident outside Hong Kong with a definition of residence which would be easy to administer and determine. Miss Brooks will be able to advise whether this is legally feasible.
4. Since minuting the above, we have spoken on the telephone and it emerged that you were not completely aware of the effects of the Order and that it included commencement dates in addition to cut-off dates. It is clearly the intention of the Government of Hong Kong and the Home Office that this should be so to enable an orderly programme of applications to be established, although I would have thought that this would have been achieved by cut-off dates just as well. The Home Office might wish to consider suppressing column 2 of the second schedule and amending the proposed new wording for Article 4(2) accordingly.
5. I assume that the Home Office and/or Government of Hong Kong will make arrangements for appropriate publicity to be given to
Kelly - that he inchade something felong these likes.
CODE 18-77
NJM48J
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