TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 77

CONFIDENTIAL

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024051

MDHOAN 1918

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 549

OF 25092OZ MARCH 92

16

HKD 340/1

TOP COPY Q DIST?

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

1. APOLOGIES FOR THE DELAY IN REPLYING. IT HAS TAKEN US SOME TIME TO REACH A CONCERTED VIEW ON THIS COMPLEX AND DIFFICULT ISSUE. MIFT CONTAINS THE DETAILED LEGAL ARGUMENTS GENERATED BY

YOUR TELNOS 2016 OF 25 JUNE AND 3141 OF 8 OCTOBER.

2.

NR

- 91 HKD 340/3

AS MIFT EXPLAINS, WE ARE SATISFIED THAT THE HONG KONG ACT 1985 CONTAINS THE POWERS TO AMEND THE HONG KONG (BRITISH NATIONALITY) ORDER 1986 TO MAKE TRANSITIONAL AND CONSEQUENTIAL PROVISIONS, INCLUDING CUT-OFF DATES FOR REGISTRATION BOTH AS BN (0)S AND AS BDTCS. WE AGREE WITH YOU, AT OFFICIAL LEVEL, THAT IT WOULD BE RIGHT TO DO SO. BUT CLEARLY, AS THIS WILL REQUIRE NEW LEGISLATION, WE SHALL NEED TO SEEK MINISTERS' VIEWS. IT WOULD BE RIGHT TO DO THAT AFTER THE GENERAL ELECTION.

3.

ONE OF THE FACTORS WHICH MINISTERS WILL WISH TO TAKE INTO ACCOUNT IS THAT, IN SETTING CUT-OFF DATES FOR REGISTRATION AS BDTCS AND BN (0)S IN ADVANCE OF 30 JUNE 1997, WE SHALL BE DEPRIVING POTENTIAL APPLICANTS OF AN ENTITLEMENT WHICH WOULD OTHERWISE EXTEND UP TO THAT DATE. IT IS FOR CONSIDERATION WHETHER THE TRANSITIONAL PROVISIONS SHOULD INCLUDE WHAT YOUR TELNO 2016 DESCRIBES AS AN 'ESCAPE CLAUSE', TO GIVE THE HOME SECRETARY DISCRETION TO REGISTER AN APPLICANT (EITHER FOR BDTC OR FOR BN (0) STATUS) WHO, FOR WHATEVER REASON, HAS FAILED TO APPLY BEFORE THE RELEVANT CUT-OFF DATE. (IT OCCURS TO US THAT THIS MIGHT BE ONE WAY TO MINIMISE ANY SENSE OF GRIEVANCE, PARTICULARLY IN THE CASE OF THOSE WHO WOULD ONLY COMPLETE THE 7 YEAR RESIDENTIAL QUALIFICATION AFTER THE CUT-OFF DATE FOR BDTC REGISTRATION). BUT, TO BE CONSISTENT WITH THE UK MEMORANDUM ASSOCIATED WITH THE JOINT DECLARATION, WE SHOULD PROBABLY NOT WISH THIS DISCRETION TO EXTEND BEYOND 30 JUNE 1997 (SEE PARAS 3 AND 4 OF MIFT).

4.

GRATEFUL TO HAVE YOUR COMMENTS, INCLUDING YOUR PREFERENCES FOR WHEN THE CUT-OFF DATES SHOULD BE. WHEN WE HAVE YOUR VIEWS,

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CONFIDENTIAL