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nationality housekeeping in Hong Kong in the run up to the handover of sovereignty. One Order will prescribe cut-off dates for the acquisition of British National (Overseas) (BNO)
status, which will replace that of British Dependant Territory Citizen (BDTC) after 1997. This follows agreement in principle by Ministers last summer, that there should be a
phased scheme for registering BDTCS as BNOS so as to avoid a
last minute rush in 1997. The other Order will make
adjustments to the second phase of the selection scheme set up under the British Nationality (Hong Kong) Act 1990 (BNHKA). (The second phase is planned to open in January 1994 and will
allocate the 10,500 or so British passports remaining from the
total allocation of 50,000).
4. The BNHKA provoked some controversy in 1990, but these
Orders should not prove controversial in Parliamentary terms.
But by presenting them both at the same time, the Home Secretary seeks to limit the opportunities for any controversy. We do not believe the Chinese will object.
Cut-off dates
5. The effect of setting cut-off dates for the acquisition of BN (0) status will be to curtail the present period of entitlement to registration, which lasts until 1 July 1997. This may be controversial in Hong Kong, but the Hong Kong Government believe it can be managed. Well targeted publicity, which HKG is already working on, may minimise the controversy, by persuading those eligible to come forward by the relevant dates. It is possible that potential applicants who have failed to apply for registration by the relevant cut-off date will try to challenge the cut-off dates through
the courts. The Home Office have asked Hong Kong to advise on the chances of such challenges succeeding.
6.
The draft reply emphasises the importance of avoiding
sub.orders.NAT
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