TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 94

HKD 340/1

RECEIVED IN REA

10 MAR 1992

DESK OFF),

INDE.

Lender

Shar inconclusive

(Miss Weston (HD.)'s reply of 20/2

Miss Brooks will presses, Ho. for a substantive reply to her letter of 14/2. B.U. 1 week. pl.

GISTRY

on Taken

FROM:

чв

DATE:

13 February 1992

Miss S Brooks Legal Counsellor

√3/3

Mr Morris

HKD

ARRANGEMENTS FOR REGISTRATIONS OF BDTCS AS BN(0)S BEFORE 1 JULY 1997

1. You have asked me to clear a draft telegram which would seek to answer points put in Hong Kong telegrams (telno 51 of 8 January 1992, telno 3141 of 8 October 1991 and Hong Kong telno 2016 of 25 June 1991). In Hong Kong telno 2016, the Hong Kong Government has asked about our 1985 proposal to set cut off dates for applications to register as British Nationals (Overseas) by an Order in Council which would amend the Hong Kong (British Nationality) Order 1986. They have also asked for comments on their 1985 proposal that an

'escape clause' (ie transitional provisions) could be included in the future Order to enable the Secretary of State to register at his discretion any person failing to apply for a BN (O) passport before 1 July 1997.

2. In the correspondence between Mrs Sally Weston, Legal Adviser's Branch, Home Office and myself, we have been looking at the existing legal position. We reached the conclusion that the setting of cut off dates in relation to BDTCS or BNOS under the existing law presents a real risk of challenge. In my letter of 12 December 1991 to Mrs Weston, I suggested that we needed to amend the 1986 Order so as to set cut off dates and provide for transitional arrangements. However, Mrs Weston's reply (to you) of 30 January 1992 has not, as you pointed out, addressed my suggestion. So I am afraid we are still not in a position to answer Hong Kong's queries referred to in paragraph 1 of this minute. I attach a copy of a letter I have written to Mrs Weston asking her further about this.

3

If you wish to send an interim telegram, perhaps we could discuss what to include in it. We will also need to discuss the draft submission dated 11 December 1991 which you prepared earlier but which you were holding until Mrs Weston had replied.

AE1AEC