TNAG-2629-FCO40-3820-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 13

CONFIDENTIAL

as BDTCs. The Hong Kong Act 1985 Schedule, paragraph 2(3) allows the making of 'consequential provisions which are necessary or expedient for the purposes of the Order including provisions amending the British Nationality Act'. This power would appear to allow a cut-off date to be imposed for BDTC applications since this may be described as

'consequential' provision which is necessary or expedient for the purposes of the 1986 Order, one of which is the loss of BDTC status on 1 July 1997.

a

I suggest you ask Hong Kong whether they intend the cut-off date for BDTCs to be set earlier than that for

4.

BN (O)s. This would make sense. It is unclear whether Hong Kong are suggesting at Annex C that there should be several cut-off dates (it would be unfair to phase people by age) beginning with 30 June 1993 which would be far too early; or merely that there would be a single cut-off date for registration as BDTCs beginning with 30 June 1993, several dates fixed for call-up to be registered as BN (O)s and a single cut-off date for registration as BN (0)s, probably 31 December 1996. We need to ask them to clarify exactly how the cut-off dates and phased programme with respect to both BDTCS and BN (O)s fit together.

5. Paragraph 16 of the draft Exco Memorandum states that it appears that neither the British Nationality Act 1981 nor the Hong Kong Act 1985 provide the power to set a cut-off date for BDTCs. I disagree (see paragraph 3 above). As I suggest above, the 1985 Act Schedule, paragraph 2(3) appears to contain the necessary vires to set a cut-off date for BDTC registration.

6.

Annex E, section V, under the heading 'Timing' paragraph XIII refers to the campaign being launched in September 1992. This seems very early. I do not think it would be desirable to do this until the legislation is in place if the publicity is to be linked to cut-off dates. Hong Kong telno 1528 asks whether, at a later date, we should seek legal power to impose a single cut-off date for naturalisation of Hong Kong residents as BDTCS. Hong Kong consider this would entail amending the Hong Kong Act 1985. I have dealt with this point already (see paragraph 3 above). I think the power to set a cut-off date for naturalising and registering Hong Kong residents as BDTCs by Order in Council exists in section 2(3) of the Schedule to the Hong Kong Act 1985. I do not think there is any necessity to amend the Hong Kong Act 1985.

POLACN