CONFIDENTIAL
XCC(93)67
(c)
(d)
the understanding reached between the United Kingdom and the Chinese Governments in the exchange of Memoranda annexed to the Joint Declaration was clearly that all BDTCs who wish to use BN(O) passports after 30 June 1997 have to be in possession of the passport by that date. The terms of the United Kingdom Memorandum link retention of the BN(O) status post 1997 to the holding of a BN(O) passport. It is legally permissible to allow registered BN(O)s to collect their passports some time nearer to 30 June 1997, but there would be serious practical difficulties with either introducing another phased programme for collection or leaving registered BN(O)s free to collect their passports at any time before 1 July 1997. Therefore, the registration of status should not be separated from the issuing of the passport and both have to be completed before 1 July 1997; and
it was always our intention when drafting the Hong Kong Act 1985 to have cut-off dates for BN(O) registration, hence paragraph 2(2) of the Schedule of the Act (reproduced at Annex D). Cut-off dates were not included in the Hong Kong (British Nationality) Order 1986 simply because they were not imminently necessary then.
11
If we do nothing, it is likely that many or most BDTCs whose passports expire in 1996 or 1997 and many who do not hold a passport now will not apply for a BN(O) passport until the last minute. The phased programme is simply a means of preventing this and ensuring that all BDTCs who wish to become BN(O)s can all do so.
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We recommend that the British Government be asked to proceed with the introduction of the Order in Council to Parliament and that we continue with our publicity programme. We will issue a Legislative Council Brief to inform Legislative Council members of this Council's advice and we will meet the Sub-committee again to explain our views and to respond to their concerns along the lines of paragraph 10 above.