TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 113

CONFIDENTIAL

HVIK 040/53

RECEIVED IN REGISTRY

07 DEC 1984

OFFICER

Mr Powel

werp,

HKD

N

PA

Action Taken

Reference...

127)

реї

HKD

cc: Mr Galsworthy,

Mr Hoare, HKD

CODE 18-77

HONG KONG BILL: HONG KONG TELNO 3699

1.

The form of words suggested in paragraph 2 of the telegram, concerning paragraph 2(2) of the schedule to the Bill will not work. The purpose of this provision is to enable an Order to be made. requiring applications to be made by a certain date. The processing of any such application will take time. At the end of the process the result will be the acquisition of the new status and a new passport.

2.

I am aware of Hong Kong's dislike of any "registration" process. But I wonder whether their concerns would be met if the process took the following form. The applicant would fill in a form of application for a passport.

following lines -

The form would bear a heading on the

"Application for a Passport Recording the Holder's Status

as British National: Hong Kong."

The only subsequent event which the applicant would see or hear about would be the issue to him of a passport recording the new status. Yet I think that if he had completed a form of application along the lines I have suggested, this would be a sufficient act of election on his part of the new status, thus satisfying the terms of the UK Memorandum.

3. If the scheme I have suggested were acceptable, the present wording of the draft Bill could be retained. But if it would be more palatable to Hong Kong I would have no objection to suggesting to Parliamentary Counsel that the opening words of paragraph 2(2) should be

-

"An Order under this paragraph may require applications

relating to the acquisition of the new status...".

This formula would aptly describe an application for a passport in the way I have suggested.

4.

Paragraph 3 of the telegram relates to paragraph 3(1) of the schedule. My interpretation of this provision is that, read in conjunction with clause 1(1) of the Bill, any Order in Council must be made before 1 July 1997, although its provisions may be made with respect to any time before, on or after that date. An example of an Order made with respect to a time after the relevant date would be a Hong Kong Ordinance, made before 1 July 1997, which said

www

"New leases of land may be granted for terms expiring not

later than 30 June 1997.

11

For these reasons I do not think that the drafting of this paragraph is defective. On the other hand you will see from my latest draft reply to Parliamentary Counsel (submitted separately) that I am suggesting in the interests of greater clarity that this paragraph should make it clear that an Order can only be made before the relevant date.

5 December 1984

CONFIDENTIAL

only. Banon

F Burrows Legal Counsellor