PO1ACK
(b)
have not submitted their applications in time before the cut-off date, given the entitlement to register as BDTCs up to and including 30 June 1997. However, the Hong Kong Government are seeking a discretion in the Order whereby late applications will be processed if the applicants can show reasonable excuse for missing the cut-off dates. This will lessen the risk of challenge. The vires for such discretion probably exists but needs to be considered.
BN (0) S
(i) The risk of a last minute rush to acquire BN (0) status on which demand exceeds processing capacity is more serious in the case of BN (0)s. The Hong Kong (British Nationality) Order 1986 contains no provisions to set cut-off dates. exists under the Hong Kong Act 1985 Schedule, paragraph 2(2) for an Order in Council to set cut-off dates for applications for BN (0) status but this has not yet been exercised. The most
The power
satisfactory solution to the problem of ensuring applications for registration as BN(O)s are processed before 30 June 1997 is to exercise this power. However, on the one hand Article 4(2) of the 1986 Order would appear to give an entitlement to registration as a BN (0) up until 1 July 1997. On the other hand, the Hong Kong Act 1985 Schedule, paragraph 2(i)(b) and the UK Memorandum make it clear the status must be acquired (ie processed) before 1 July 1997 and not thereafter. To deviate from this by introducing transitional provisions which would operate after 1 July 1997 is likely to cause problems with the Chinese. correspondence with a Home Office legal adviser, the view was reached that under the existing law, the better view is that an applicant for BN (0) status must be registered before 1 July 1997. But aggrieved potential applicants who appear to have an entitlement under Article 4(2) to be registered up to 1 July 1997 (which they would lose if Article 4(2) were amended so to remove the present entitlement to register as a BN (O) before 1 July 1997)
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Private notes are available after approval.