TNAG-1381-FCO40-1829-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 156

X

CONFIDENTIAL

the necessary provision for these exceptions from loss, but I think that administratively it will be necessary to define exactly which categories are recognised as excepted.

4.

With regard to the draft Order in Council, we would make the following comments:-

a) Section 3(1): We wonder whether the words 'as being applicable in his case' in lines 7/8 are necessary since sub-paragraph (2) explains precisely to which category each date applies.

This paragraph delays the final date for applications for the new status in respect of BDTCs who are born during the last 9 months before 30 June 1997. No provision is however made for those who become BDTCs by registration or naturalisation during those months. Assuming that registrations and naturalisations will continue to be effected until virtually the last minute, it seems that some provision should be made for these persons to register.

b) Schedule 2, Section 1(a): We think this provision might be clearer if lines 3 - 4 read as follows:-

'if in subsection (1)(i) for the words between 'deaths of' and 'born' there were substituted the words'. The present wording might suggest that the words within the two sets of quotation marks were also to be deleted.

c) Schedule 2, Section 1(b)(ii): This might follow a similar form to the amendment proposed above and read as follows:- 'in subsection (4), for the words between 'this Act as a' and 'as from the date' there were substituted the words '[British National (Overseas)] shall have that status.'

d) Schedule 2, paragraph 1(c): The effect of the proposed wording is to provide for the Secretary of State's functions relating to registration, renunciation and deprivation of the new nationality status to be delegated to Governors in dependent territories and to Lieutenent Governors in the Islands. (I am not sure whether the latter was really intended, but it results from the substitution of the new status for 'British citizenship' at the end of Section 43(1)(a) of the BNA 1981.) In paragraph 4 of my minute to you of 29 October I raised the question of whether our passport issuing posts overseas should have delegated authority to deal with registration applications, since these are to be coupled with applications for passports. The point was mentioned in Mr Galsworthy's letter of 2 November to Mr Hyde and the latter's reply of 9 November said that the Home Office would like to discuss further the extent to which authority to effect registrations might be extended. It is not clear whether the draft

CONFIDENTIAL

/Order