TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 74

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MDHOAN 1919.

1997, BUT SUCH A COURSE OF ACTION COULD BE SEEN TO BE IN BREACH OF THE UK MEMORANDUM, AND WE JUDGE THAT IT WOULD BE LIKELY TO CAUSE POLITICAL PROBLEMS WITH THE CHINESE. ON THE OTHER HAND, IF TRANSITIONAL PROVISIONS WERE MADE WHICH OPERATED BEFORE 1 JULY 1997, (SO AS TO PROVIDE THAT ONLY APPLICATIONS PUT IN BEFORE CUT OFF DATES WOULD BE PROCESSED BETWEEN THOSE DATES AND 1 JULY 1997), THIS WOULD CONFLICT WITH ARTICLE 4 (2) OF THE 1986 ORDER. AT PRESENT, PERSONS HAVE AN ENTITLEMENT UNDER ARTICLE 4 (2) TO BE REGISTERED UP TO 1 JULY 1997 WHICH THEY WOULD LOSE IF ARTICLE 4 (2) WERE AMENDED, (AS IT WOULD HAVE TO BE WITH PRE-1 JULY 1997 TRANSITIONAL PROVISIONS). AGGRIEVED POTENTIAL

APPLICANTS MIGHT CHALLENGE THE SETTING OF CUT-OFF DATES. THERE

WOULD BE LESS RISK OF JUDICIAL CHALLENGE IF APPLICATIONS PUT IN BEFORE 1 JULY 1997 COULD BE PROCESSED AFTER 1 JULY 1997, BUT THEN THIS WOULD LEAD TO PROBLEMS WITH THE CHINESE.

5.

AS TO BDTCS, WE HAVE CONSIDERED WHETHER THE VIRES EXIST TO MAKE TRANSITIONAL PROVISIONS AND SET CUT-OFF DATES WITH REGARD

TO APPLICATIONS TO BE REGISTERED OR NATURALISED AS BDTCS. THE

STATUS OF BDTC CONTINUES ONLY UNTIL 1 JULY 1997. BEFORE THAT DATE, AS WITH BN (0)S, PERSONS ARE ENTITLED TO APPLY FOR THAT STATUS. THE ONLY PRACTICAL PURPOSE IN APPLYING FOR BDTC STATUS

IN THE LAST FEW YEARS BEFORE 1 JULY 1997 WOULD BE TO ENABLE THE SUCCESSFUL APPLICANT TO APPLY FOR BN (O) STATUS, WHICH CONTINUES AFTER 1 JULY 1997 (INDEED ACCORDING TO THE UK MEMORANDUM, ONLY PERSONS WHO ARE BDTCS ON 30 JUNE 1997 CAN RETAIN BN (0) STATUS).

6.

CLEARLY THERE WOULD BE NO POINT IN TRANSITIONAL PROVISIONS OPERATING AFTER 1 JULY 1997 FOR LATE APPLICANTS FOR BDTC STATUS

SINCE THAT STATUS DISAPPEARS ON 1 JULY 1997. IT WOULD HOWEVER BE SENSIBLE TO ADOPT CUT-OFF DATES FOR BDTCS SOME TIME IN ADVANCE OF CUT-OFF DATES FOR BN (0) STATUS, SO AS TO ALLOW SUFFICIENT PROCESSING TIME BEFORE THE EVENTUAL 30 JUNE 1997 DEADLINE. THERE IS NO PROVISION IN THE BNA 1981 TO SET CUT-OFF DATES FOR APPLICATIONS TO NATURALISE OR REGISTER AS HKBDTCS, NOR ARE THERE POWERS TO MAKE OTHER TRANSITIONAL PROVISIONS FOR THAT STATUS IN THAT ACT. BUT THE HONG KONG ACT 1985 SCHEDULE, PARAGRAPH 2 (3) ALLOWS FOR THE MAKING OF ''SUCH SUPPLEMENTARY, (NEXT THREE WORDS UNDERLINED) TRANSITIONAL AND CONSEQUENTIAL PROVISIONS AS APPEAR TO HER MAJESTY TO BE NECESSARY OR EXPEDIENT FOR THE PURPOSES OF THE ORDER, INCLUDING PROVISIONS AMENDING THE BRITISH NATIONALITY ACT 1981 ...'.

''. WE THINK THIS WOULD ALLOW FOR TRANSITIONAL PROVISIONS OPERATING BEFORE 1 JULY 1997 TO BE MADE IN RELATION TO BDTCS, SINCE TRANSITIONAL PROVISIONS WOULD

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