TNAG-1405-FCO40-1880-Future-of-Hong-Kong-passports-and-visas-1985 — Page 67

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ONFIDENTIAL

Please (98) Yolur. Nicholson

Poesia Dept. Trome rjuce

Mrs Priest, Hong Kon Department

CC:

Mr Fifoot, Legal Advisers

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Miss Veale, Nationality & Treaty Department

Mr Miller, M. V. C.

HONG KONG: BN(0) STATUS:

PASSPORT MATTERS

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NataTRY 2 JUN 1985

1. In relation to your letter to Mr Nicholson of the Passport Office of 3 June 1985, I have at this stage only two comments, namely: -

2.

(i)

I am not sure why an amendment to section 42 BNA 1981 is thought to be needed as a result of Hong Kong's proposals (your paragraph 4). Section 42 does not impose a duty to charge fees for registration or naturalisation; nor does section 41(2), which confers a discretionary power upon the Secretary of State to make provision for the imposition recovery and application of fees. Even if these provisions are, under the proposed Order in Council, made relevant to the grant of BN(0) status, there would still not seem to be any need for an amendment.

(ii) With reference to your paragraph 7, if the exact

cut-off dates for the issue of BN (O) passports is not specified in the Order in Council it would presumably be wise at least to specify certain dates as being the latest possible dates of issue, in accordance with the dates set out in the UK memorandum,

Subject to these two matters no other specific legal points would seem to arise, at this stage、:

7 June 1985

CONFIDENTIAL

John Graigen

JOHN GRAINGER

Legal Advisers W44/3

233 4816

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