TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 73

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 550

OF 25093OZ MARCH 92

CONFIDENTIAL

HKD 340/1

23

024061

MDHOAN 1919

ра

2 5MAP 1997

TOP COPY Q DIST?

J25/3

(16) !

MIPT: YOUR TELNO 737: ARRANGEMENTS FOR REGISTRATION OF HKBDTCS AS BN (0)S

,NT.

1. YOUR TELNO 2016 PROPOSED TO INTRODUCE, IN AN

ORDER-IN-COUNCIL, CUT-OFF DATES FOR ACCEPTING APPLICATIONS FROM HKBDTC'S FOR REGISTRATION AS BN (0)S, AND YOUR TELNO 3141 PROPOSED TO ALLOW PEOPLE TO HOLD BOTH BDTC AND BN (O) PASSPORTS CONCURRENTLY.

2. TO DEAL WITH CUT-OFF DATES FIRST. THE POWER EXISTS UNDER THE HONG KONG ACT 1985 SCHEDULE, PARAGRAPH 2(2) TO SET CUT-OFF DATES FOR APPLICATIONS FOR BN (0) STATUS. THIS POWER HAS, NOT YET BEEN EXERCISED, SO THE HONG KONG (BRITISH NATIONALITY) ORDER 1986 CONTAINS NO PROVISIONS SETTING CUT-OFF DATES. WE BELIEVE THAT IN LEGAL TERMS THE MOST SATISFACTORY SOLUTION, TO THE PROBLEM OF ENSURING THAT APPLICATIONS FOR REGISTRATION AS BN (0)S ARE PROCESSED BEFORE 30 JUNE 1997 IS TO EXERCISE THE POWER TO SET SUCH CUT-OFF DATES UNDER PARAGRAPH 2(2) OF THE HONG KONG ACT 1985 SCHEDULE.

3

THE QUESTION THEN ARISES WHETHER, AND IF SO WHAT, · TRANSITIONAL PROVISIONS ARE NEEDED. ON THE ONE HAND, ARTICLE 4 (2) OF THE 1986 ORDER WOULD APPEAR TO GIVE AN ENTITLEMENT TO REGISTRATION AS A BN (0) UP TO 30 JUNE 1997. BUT WE ACCEPT THAT IT MAY NOT BE POSSIBLE TO REGISTER IN TIME PEOPLE WHO APPLY TOO CLOSE TO THAT DATE. ON THE OTHER HAND, THE HONG KONG ACT 1985 SCHEDULE, PARAGRAPH 2 (1) (B), AND THE UK MEMORANDUM ASSOCIATED WITH THE SINO-BRITISH JOINT DECLARATION MAKE IT CLEAR THAT THE STATUS MUST BE ACQUIRED (IN OTHER WORDS THE APPLICANT MUST BE REGISTERED) BEFORE/BEFORE 1 JULY 1997. THE LEGAL ADVICE HERE IS THAT UNDER THE EXISTING LAW THE BETTER VIEW IS THAT AN APPLICANT FOR BN (0) STATUS MUST BE REGISTERED BEFORE 1 JULY 1997.

4.

WE BELIEVE THAT AN ORDER UNDER THE HONG KONG ACT 1985 SCHEDULE, PARAGRAPH (3), COULD PROVIDE FOR TRANSITIONAL

PROVISIONS TO ENABLE APPLICATIONS TO BE PROCESSED AFTER 1 JULY

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PAGE CONFIDENTIAL