TNAG-2930-FCO40-4205-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 12

L HKD 340/1.

R

0 1 MAR 1993

From:

Ms Barnes Jones

HKD

faxed to C. Kelly, H.O.

pleasa Inggel He HX (28

на

sub index.

Miss S Brooks Legal Counsellor

Date: 24 February 1993

CC: Mr Morris, NTCD

BRITISH NATIONALITY/HONG KONG:

ORDER IN COUNCIL

120

1. I refer to Mr Kelly's letter of 11 February to Miss Ho, HKG.

Under the points for further consideration, Mr Kelly has asked for views on the proposal put forward by Nationality, Treaty and Claims Department that posts overseas will be given a blanket dispensation to accept applications outside the designated periods. NTCD propose that the draft Order in Council is amended to provide that the Order would not apply to applicants resident outside Hong Kong together with a definition of residents which would be easy to administer and determine. Mr Kelly is not attracted to this idea and nor am

It would be unfair on Hong Kong applicants who will only be able to apply for registration or naturalisation as BDTCs or registration as BN (0)s within certain periods; nor do I think it will be very easy to arrive at a definition of residence which is easy to administer and determine. Nor do I think that the Hong Kong Act 1985 Schedule provides the vires which would enable such distinctions to be drawn between applicants in Hong Kong and applicants resident outside Hong Kong.

2.

Mr Kelly has also asked for advice on his suggestion at paragraph 6 regarding the draft Order, First Schedule, paragraph 2 (b), the provision which adds a new Article 4 (4) to the 1986 Order. This suggestion relates to Miss Ho's letter of 4 February to Mr Kelly in which she asked for a provision whereby the Secretary of State is empowered to cease the operation of draft Article 4 (4) and sub-section (7) of the BNA 1981) (of section 42?) under justifiable circumstances. The proposal is prompted by the concern of the Hong Kong Government that their Immigration Department will be unable to process late applications if a very large number of people apply after the cut-off date, let alone process them before 1 July 1997. Mr Kelly comments that he is hesitant about Hong Kong Government's proposal. He proposes instead trying to restrict numbers by drawing up fairly tight criteria for allowing a late application to be considered.

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