15-APP-1993 10:48
24 IN LIVERPOOL
44 OFT 235 3086
F703
CONFIDENTIAL
6. As to option E, we have doubts whether it would be possible to increase the fee for a Hong Kong BDTC passport without increasing it for BDTCs everywhere else. One would have to lower the fee for a BN (0) passport. The setting of fees for passports is done by Consular Fee Order. setting would need to be put to a reduction, if it were agreed, all those who intend to apply time.
Changes in the basis of the fee- the Treasury. We doubt that such would be able to guarantee that for EN(0) status do so in good
7. On option F, there is no charge for the registration process; the fee is for the passport. The UK has considerable doubts about whether differential pricing of passports to affect the level of demand is acceptable legally. Even if it were we doubt whether slight increases in fee over time would ensure that sufficient numbers of applicants came forward at the right time.
8. All BN(0)s are dual 3N(0)s/BDTCs. A BN (0) only retains that status providing he remains a BDTC until 30.6.97. This is clear from article 4(3) of the 1986 Order and paragraph 2(2) of the Schedule to the 1985 Act. All that a BDTC is losing under the proposed Order is one form of British passport for another which carries almost exactly the same benefits.
9. Once the policy has been finally determined (if it
it is decided for instance that despite LegCo's reservations we are sticking with the cut-off date scheme) and this is presented to Parliament in the form of the Order, we do not envisage any serious difficulty in getting it approved. MPS OF Lords sympathetic to LegCo's viewpoint may speak against but the Order would undoubtedly be carried. The Order would only be withdrawn by the Government if shown to be seriously flawed technically, not on policy grounds.
10. LegCo should not see the full and precise terms of the Order in Council until it has been formally laid before Parliament. This will be done as soon as we have your final agreement to the terms and it has been printed. There will then be a period of a few weeks during which LegCo may comment before the Order is debated.
CJ KELLY
CONFIDENTIAL
TOTAL P.02