CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 501
of 300539Z MARCH 93
CONFIDENTIAL
faxed to H.O.
30/3 MDAD 122702
10.30
28
MDADAN 0570
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A PHASED PROGRAMME FOR REGISTERING BDTCS AS BN (0)S
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MEMBERS OF THE LEGCO SUB COMMITTEE ON NATIONALITY WILL MEET for
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ON 31 MARCH TO DISCUSS THE ISSUE. MISS EMILY LAU, CHAIRMAN OF THE SUB COMMITTEE, HAS COMMENTED THAT THE GOVERNMENT CANNOT DEPRIVE BDTCS OF BDTCSHIP BEFORE JUNE 1997. HER CONCERN IS APPARENTLY BASED ON THE FACT THAT WHEN A BDTC IS REGISTERED AS A hve BN(O), HE WILL HAVE TO HOLD A BN (0) PASSPORT (THE BN(0) REGISTRATION IS EMBODIED IN A BN (0) PASSPORT APPLICATION) AND HE CANNOT HOLD A BDTC PASSPORT SIMULTANEOUSLY.
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OUR UNDERSTANDING IS THAT THE BN (0) WILL HOLD THE BDTC STATUS CONCURRENTLY UNTIL 1 JULY 1997 WHEN THE LATTER WILL LAPSE. THIS WILL PROBABLY LEAD TO FURTHER QUESTIONS ON THE STATUS OF (1) A BN (0) WHO HAS CHOSEN TO REVERT TO HIS HKBDTCSHIP BUT DOES NOT TRADE IN HIS BDTC PASSPORT FOR A BN (0) PASSPORT BEFORE 1 JULY 1997 AND (2) A BN(0) WHO HAS JUST LOST HIS BN(0) PASSPORT ON 30 JUNE 1997.
3. NOW, UNDER S42(4) OF BNA 1981 (AS AMENDED BY THE HONG KONG (BRITISH NATIONALITY) ORDER 1986), A PERSON REGISTERED AS A BN (0) SHALL BE A BN (0) AS FROM THE DATE ON WHICH HE IS SO REGISTERED WHEREAS JOINT DECLARATION 227 OF THE UNITED KINGDOM MEMORANDUM CLEARLY STATE THAT THE BN (0) STATUS WILL BE ACQUIRED BY THOSE WHO HOLD OR ARE INCLUDED IN BN (0) PASSPORTS ISSUED BEFORE 1 JULY 1997
IN SUCH CIRCUMSTANCES, ARE WE CORRECT TO INFORM THE SUB COMMITTEE THAT THOSE WHO CHOOSE TO REVERT TO BDTC PASSPORTS BUT DO NOT TRADE IN FOR A BN (0) PASSPORT BEFORE 1 JULY 1997 OR WHO HAVE LOST THEIR BN(0) PASSPORTS SHORTLY BEFORE 1 JULY 1997 HAVE IN FACT ACQUIRED THE BN (0) STATUS IN CONFORMITY WITH THE HONG KONG (BRITISH NATIONALITY) ORDER 1986 AND JD 227 BECAUSE THEY HAVE ONCE HAD A BN (0) PASSPORT AND REMAIN ENTITLED TO IT?
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GRATEFUL FOR REPLY BY 0900 HRS GMT ON 30 MARCH SO THAT A LINE TO TAKE CAN BE FORMULATED IN TIME BEFORE THE SUB COMMITTEE MEETING.
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PAGE 1 CONFIDENTIAL
REC
HICD 348/1
S. MUA 1993
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