TNAG-2629-FCO40-3820-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 127

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and they could accuse us of a breach of our obligations if we set up transitional arrangements to continue issuing BN (0) passports to BDTCS for a limited period after 1 July 1997. The Hong Kong Government are however also proposing

that the Home Secretary have discretion to register late

applicants for BN (0) status, in the same way as for BDTC

status (para 6 above) in the period up to 1 July 1997. This

should lessen the risk of a successful challenge.

The Proposed Scheme

8. To deal with these problems, Hong Kong propose that

there should be two Orders in Council: the first would deal

with BN (0) cut-off dates. There would be ten separate cut-off dates for different age groups at three to five

month intervals starting in September 1993 and finishing in

December 1996. A second Order in Council would then be made

at a later date, setting a single cut-off date (May 1995 or May 1996) for the acquisition of BDTC status. We and the

Home Office consider that two Orders in Council are

unnecessary and that the two sets of cut-off dates should be

dealt with in a single order, to be introduced in the

1992-93 session of Parliament.

9. Hong Kong are aware of this preference. We need to

discuss further with them whether the series of cut-off

dates can be simplified, and whether it needs to start as

early as September 1993. There could be an adverse reaction in Hong Kong if cut-off dates were implemented too soon

after the legislation came into force as this would not give

sufficient time for the first groups to register. There

could also be resistance to some people being told their

last chance to register fell three and a half years before

the transfer of sovereignty. Subject to satisfactory resolution of these points, we will need to proceed swiftly to prepare the Order in Council. The Home Office would be

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