TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 8

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LEGAL ADVICE

CONFIDENTIAL

5.

Hong Kong believe that legally binding cut off dates for the acquisition of both HKBDTC and BN (0) status are the only way to ensure that most of the people eligible for BN (0) status can acquire it if they so wish. Without legal deadlines they can see no incentive for people to apply in good time. The essence of the legal advice we have received is that:

for

(a) there is power under the Hong Kong Act 1985 Schedule paragraph 2(2) to set by Order-in-Council cut-off dates applications for BN (0) status

(b) there is similar power under paragraph 2(3) of the

the same

Schedule to amend the British Nationality Act 1981 so as to set

cut off dates for BDTC applications

(c) Article 4(2) of the 1986 Order, which gives BDTCs an

entitlement to registration as BN (0)s up to 1 July 1997, will need to be amended. This may not stop aggrieved potential applicants challenging the setting of cut off dates, but the prospect of a successful challenge is remote

(a) there would probably need to be an "escape clause" to give the Home Secretary discretion up to 30 June 1997 to register an

applicant for either BDTC or BN (0) status who for good reason had failed to apply before the relevant cut off date.

HONG KONG'S PROPOSED SCHEME

6. The scheme which Hong Kong now propose on the basis of this

advice is apparently similar in concept to an exercise they recently undertook in relation to identity cards, with cut off dates being set by age group. They envisage an Order-in-Council being introduced into Parliament at the end of this year and

CONFIDENTIAL