TNAG-2628-FCO40-3819-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 96

12 December 1991

Ms Weston

Legal Adviser's Branch Home Office

Queen Anne's Gate London SW1H 9AT

The Cox,

ли

19/k

The expected letter issues. Foreign &

I have pretoricfed this Killas to expect this and persuade Ms Wesson to do the decent

Ring and

agree without a fight (Mrs Kellars sounded persuaded.)

Commonwealth

Office

London SWIA 2AH

We await (and I use the word empirically Ms Weston's response.

pa.

$3/12

HKD 340/1

10

Dear Sally,

REGISTRATION OF HKBDTCS AND BNOS

Thank you for your letter of 7 November. I apologise for not replying to you earlier.

1.

2. I agree that to set cut-off dates in relation to BDTCs or BNOS presents a risk. Your minute of 16 August 1991 to Mr Kelly, B4 Division of the Home Office explains the risk in respect of HKBDTCS. I agree that a similar risk exists for BNOs. The problem is with the Hong Kong (British Nationality) Order 1986. I think it has the following defects.

a) In relation to BNOS, Article 4(2) of the Order preserves the entitlement to be registered until 1 July 1997. This contradicts the provisions in the Hong Kong Act 1985 and the UK Memorandum to the Sino British Joint Declaration on the Question of Hong Kong 1984 which make it clear that the status is to be acquired before 1 July 1997.

b) The Hong Kong Act 1985 Schedule, paragraph 2,sub-paragraph (2) provides that an Order made under paragraph 2 "may require applications in respect of [BNO]

status to be made before such time or times as are specified in the Order."

This power has not been exercised; the Order does not impose cut-off dates for applications for BNO status.

appear

c) The Hong Kong Act 1985 Schedule, paragraph 2, sub-paragraph (3) allows for the order to contain "such supplementary, transitional (my underlining) and consequential provisions as

to be necessary or expedient for the purposes of the Order, including provisions amending the British Nationality Act 1981.

However, the Order does not have transitional provisions. These are all the more necessary because the Hong Kong Act 1985 does not give the power for an Order to set cut-off dates in respect of HKBDTC applications.

CW8AAJ