3 MAY
.R.
3 MHT
96 BA LINU OD1
Ms Barnes
Mr Kelly B4 Division
@K 13/5
Jones
FCO
HKD348/1 На заб
1 4 MAY 1993
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14/5.
BNO CUT OFF DATES ORDER IN COUNCIL
You asked for my views on whether it would be possible to include in the Order in Council provisions establishing an "appeal panel" which the Governor of Hong Kong is considering setting up to advise him on late applications.
2.
The power to make an order imposing cut off dates is contained within paragraph 2(2) of the Schedule to the Hong Kong Act 1985. Paragraph 2(3) provides that,
"An order under this paragraph may make provision for the avoidance of statelessness and may contain such supplementary, transitional and consequential provisions as appear to Her Majesty to be necessary or expedient for the purposes of the order.".
In my view it is, at best, doubtful whether this gives us the power to establish an appeal panel to consider late applications. In particular I do not think that the panel could be given any decision making power. If this is the intention then I think it would be necessary for us to go to the Joint Committee on Statutory Instruments to my to obtain their approval. Moreover, there is no power to treat different applicants in different ways. Therefore, it would not seem possible to provide for applicants living in Hong Kong the right to appeal to an appeal panel which will advise the Governor, whilst those people living in, say, the United States of America and making their application to the
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