TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 179

CONFIDENTIAL

restate here for ease of reference and because the paragraph numbers have changed. They are as follows:-

(a) Paragraph 4(3) delays the final date for applications for the new status in respect of BDTCs who are born during the last nine months before 30 June 1997. No provision appears to be made however for those who become BDTCs by registration or naturalisation during that period, although presumably registrations and naturalisations will continue to be effected. It may be the intention to grant both types of status simultaneously, but does any provision need to be made for this in the Order?

(b) The wording of paragraph 5 suggests that Hong Kong is to be deleted from Schedule 6 of the BNA 1981 as a result of the fact that no one shall acquire BDTC status after the relevant date by virtue of a connection with the territory, rather than the other way round.

Perhaps it would be better if the paragraph were divided into two separate statements by putting a full stop after 'Hong Kong' in line 3, deleting 'and accordingly' and starting the fresh sentence with 'In Schedule 6'.

(c)

We think paragraph 7(1)(a) might be clearer if lines 3-5 read as follows: 'but as if in subsection (1)(i) for the words between 'deaths of' and 'born' there were substituted the words

'British Nationals (Overseas)'. The present wording might suggest that the words within the two sets of quotation marks were also to be deleted.

(d) A similar form of amendment might be made to paragraph 7(1)(b)(ii) so that it might read:- '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'.

(e) The effect of the proposed paragraph 7(1)(c) 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 Lieutenant 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 Order in Council reflects a Home Office decision not to extend these powers or whether the point has been overlooked. It is only the power to effect registrations which is at issue since there would be no need to extend the authority relating to renunciations and deprivations.

/ (f)

Why not?

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registerdas Buros y des are already BDICS, I

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