The Way forward

CONFIDENTIAL

XCC(92)187

BN(O) passports

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We could, of course, do nothing and hope that the 'natural' rate of acceptance improves with the approach of 1997. We could encourage such an improvement with a publicity campaign(4)*. We do not believe that either of these approaches would reduce the potential number of applications to manageable proportions by 1996/97.

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Instead, we propose imposing cut-off dates and a phased registration programme. This is the only way we can ensure that most of the people eligible for BN(O) status/passports can acquire them if they so wish. The cut-off dates should have the force of law. If they did not, there would be no incentive for people to come forward on time. Those whose existing passports were due to expire after their (non-legal) cut-off dates would almost certainly wait until the expiry dates (about one million cases in 1996/97). The resources committed to the project would then be largely wasted. And we would still face a last-minute rush. The "non-legal" approach would be less controversial than the "legal" one. But it would not achieve our objective. Neither would a single legal cut-off date close to 1997, even if combined with an earlier "non-legal” phased programme. The risk would remain that people would wait until the last few months before the legal cut-off.

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Thus we propose that the programme run from 1993 to 1996 as suggested at Annex C. The proposal is similar in concept to the recent new identity card exercise, with people being called forward by age group.

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The Hong Kong Act 1985 provides that an Order in Council may require applications for BN(O) registration to be made before such time or times as are specified. But there is no such provision in the Hong Kong (British Nationality) Order 1986. Therefore, to give legal force to the proposed programme, we must seek an Order in Council allowing us to impose time limits on the lines of Annex C. There will be people becoming BDTCs during or after their call-up phase. It is proposed that the Order should enable these people to apply for registration as BN(O)s provided

_B__________* Note (4): We are already taking steps in that direction: see Annex B.

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