TNAG-2930-FCO40-4205-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 23

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Ms James Jones.

Ter submissie by 16 Feb,

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Foreign Secretary

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SECRETARY

6.24

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D. Ricketts, HKD

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for advice and draft

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HKD 340/1.

22 FEB 1993

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Sir J. cous

BRITISH NATIONALITY HONG KONG ORDERS IN COUNCIL. M. Alston

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I am writing to seek your agreement and that of other OPD(K) colleagues to our proceeding with the drafting of two Orders in Council relating to British nationality in Hong Kong.

Hur

Herdy

MV

FES Planners

(Hong Kong) Speinl

One of the Orders would prescribe cut-off dates for the acquisition of the status of British National (Overseas) (BN(0)). The other would amend the British Nationality (Hong Kong) Selection Scheme which OPD took a close interest in three years ago. Both Orders would be subject to the affirmative resolution procedure. I envisage them being presented to Parliament at the same time, probably in May this year.

BN(0) cut-off dates

The first Order would set out a scheme for registering British Dependent Territory Citizens (BDTCS) as British Nationals (Overseas) (BN(0)s) by age groups. The object is to ensure the orderly and timely acquisition of BDTC and BN(0) status by those who wish to acquire it before Hong Kong reverts to China in 1997. BDTC status expires at that point and those who wish to have BN(0) status must acquire it before then, first obtaining BDTC status if they do not already have it. Only 400,000 of the 3.3 million people who are or will be eligible for BN (0) status have so far applied, and Hong Kong fear that there will be a last minute, unmanageable rush unless deadlines are put in place to enable applications to be dealt with in phases. The scheme envisages these deadlines being set by age group. The first, for 22-26 year olds, would come into effect soon after the passing of the Order and the deadlines would extend up until the end of 1996. The Governor would have discretion to accept late applications where applicants had good reason for not applying by the appropriate cut-off date.

Second tranche of Selection Scheme

The second Order would make some fairly minor adjustments to the British Nationality (Hong Kong) (Selection Scheme) Order 1990 in the light of experience of the first tranche, which has now been running for two years. The changes would apply to the second tranche, which is due to start on 3 January next year and finish in the Autumn of 1995.

Ami's

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pw on HICD 340/2, 340/3

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