24 IND LI EFPOOL
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P.03
Annex A
Programme for registration of British Dependent Territory citizens as British Nationals (Overseas)
1. Background
2.
The proposed Order in Council would make provision for a phased scheme for registering BDTCs as BN (0)s. There could be as many as three million registrations to be completed and if large numbers left their applications very late the task would be unmanageable for Hong Kong. In accordance with the terms of the UK Memorandum annexed to the Sino- British Joint Declaration every registration has to be completed and a passport issued by 30 June 1997. Hong Kong take the view that the only way to ensure a smooth changeover is to set cut-off dates for applications (by age groups).
LegCo obiections
As LegCo see it:
(a) an administrative problem should not be solved by
legal means;
(b)
(c)
(d)
the phased programme would remove the right of BDTCs to be registered as BN(0)s at any time before 1 July 1997;
the programme is arbitrary and unfair since it would give more time for some BDTCs to exercise their right to be registered as BN (O)s and less to others;
the United Kingdom Memorandum annexed to the Sino- British Joint Declaration is not legally binding and its statement on the issue of BN (0) passports before 30 June 1997 does not have to be observed strictly;