TNAG-2734-FCO40-3942-Hong-Kong-role-of-the-Legislative-Council-(LEGCO)-1993 — Page 19

CONFIDENTIAL

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MDLIAN 6231

(D) ALLOW BN (0)'S/BDTCS TO BE HELD SIMULTANEOUSLY, POSSIBLY WITH BNCO) ONLY VALID FROM 1 JULY 1997:

(E)

(F)

BN (0)S.

8.

INCREASE THE FEE DIFFERENCE BETWEEN BDTC AND BN (O); AND

CHARGE CHEAPER FEES FOR EARLIER APPLICATIONS FOR

IF

THE SUGGESTION AT PARAGRAPH 9(C) ABOVE WILL HAVE TO BE ADDRESSED AT THE NEXT MEETING. WE NEED FURTHER LEGAL ADVICE FROM YOU THIS BRINGS US BACK TO THE UNCERTAINTY OVER THE INTERPRETATION OF THE WORDS 'HOLD' AND 'ARE INCLUDED' IN POINT (A) OF THE UK MEMORANDUM ATTACHED TO THE JOINT DECLARATION. BDTCS HAVE TO BE IN A PHYSICAL POSSESSION OF BN (0) PASSPORT BEFORE 1 JULY 1997 IN ORDER TO BE ABLE TO USE THOSE PASSPORTS AFTER THAT DATE, THEN THIS OPTION CAN BE RULED OUT. HOWEVER, YOUR TELNO 298 POINTED OUT THAT A BN (0) WHO CHOOSES TO SURRENDER HIS BN (0) PASSPORT AND RETAIN HIS BDTC PASSPORT, WOULD STILL BE ENTITLED TO HOLD A BN(0) PASSPORT BEYOND 30 JUNE 1997 BECAUSE HE HAS ALREADY BEEN REGISTERED. THIS SEEMS TO SUGGEST THAT THE SUB- COMMITTEE'S PROPOSAL IS A STARTER.

9.

WE NEED TO EXPLAIN CLEARLY WHY WE CANNOT REGISTER BN (0)S BY SIMPLE MEANS (SUCH AS ASKING BDTCS TO COMPLETE AN APPLICATION FORM AND A DECLARATION BEFORE 1 JULY 1997), AND THEN LEAVE THE FUTURE BCG TO DISTRIBUTE THE PASSPORTS AFTER THE CHANGE OF SOVEREIGNTY. WE DO NOT LIKE THIS BECAUSE IT WOULD CERTAINLY

(A)

RAISE OBJECTIONS FROM THE CHINESE: AND

(B) IT IS NOT ADMINISTATIVELY VERY PRACTICAL.

...

10.

MEMBERS MAY ASK FOR A VARIANT OF THE OPTION IN PARAGRAPH 8(C) ABOVE: TO DISTRIBUTE THE ACTUAL PASSPORTS IN THE LAST MONTHS BEFORE THE CHANGE OF SOVEREIGNTY WHEN THOSE WHO HAVE REGISTERED FINALLY MAKE UP THEIR MINDS. WE CONSIDER THIS TO BE ALMOST ADMINISTRATIVELY IMPRACTICAL AS WAITING FOR A LAST MINUTE RUSH. BUT WE WOULD WELCOME FURTHER ADVICE.

11.

ALL THE OTHER OPTIONS PUT FORWARD BY THE SUB-COMMITTEE ARE EASIER FOR US TO ANSWER. WE ASSUME THAT ON PARAGRAPH 8(D) ABOVE YOU WOULD NOT CHANGE YOUR FUNDAMENTAL POLICY OF NOT ALLOWING TWO TYPES OF BRITISH PASSPORT TO BE HELD AT THE SAME TIME QUERY. WE CAREFULLY EXPLAINED TO THE SUB-COMMITTEE THAT PARAGRAPH 8(A) WAS

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