TNAG-2629-FCO40-3820-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 22

POLACK

3.

might challenge the setting of cut-off dates, if these are imposed together with transitional provisions and operate before 1 July 1997. The Hong Kong Act 1985 Schedule, paragraph 2(3) allows for transitional provisions to be made 'as necessary or expedient' for the purposes of the 1986 Order. There is less risk of challenge if the transitional provisions operated after 1 July 1997 but this would lead to problems with the Chinese. The Hong Kong Government are also seeking a discretion to approve late applications for BN (0) status where applicants can show reasonable excuse for missing their cut-off dates or where they are naturalised as BDTCs during their call up under a proposed phased programme of calling up people to register as BN(0)s. This should lessen the risk of legal challenge.

These problems are still being discussed by the Hong Kong Government, the FCO and the Home Office. The Home Office have so far taken a very passive role. The risk of legal challenge would be mitigated by an advance publicity campaign about the cut-off dates which is another Hong Kong Government proposal.