TNAG-2930-FCO40-4205-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 6

01 MAR 93 12:35 B4 LINO 051 255 1160 24 FEB 93 11:39 RENT HOUSE HONG KONG.

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CONFIOINUAL OK.

P6.02

P.2/3

BY FAX

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

** Oun her · (3) in SBCR 4/2091/84 Ft 34

* Your Re

Mr C.J. Kelly

Immigration and Nationality Department

Nationality Division

Home Office

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Chris

24 February 1993

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OC M' Raws this the

Mi Osborne LAB Mr Walmsley

Draft Hong Kong (British Nationality)

(Amendment) Order 1993

Mr Burgess, Passport Agenc. Ms Barnes. Jones 'HKD-FCO! M: Hayward NTCY FCO Ms Brooks Legal Counsellor F: M. Giles LAB.

I have

Thank you for your letter of 11 February. discussed the questions you raised with my Immigration Department colleagues and our legal advisors, Any viewe on these questions are, seriatim, as follows -

(a)

(5)

it is unlikely that a general legal challenge to the proposed cut-off dates would succeed particularly if the discretion to accept late applications in exceptional circumstances is exercised reasonably generously;

Wê BIE NOw drawing up a list of criteria for exceptional circumstances but, as you will appreciato, it is impossible to have an exhaustive list. It will indeed be very 3ifficult to demonstrate that there ale exceptional circumstances. To allow vüsseives more flexibility in dealing with late applications, we wonder if it is pussible to Lediaco Apticle 4(4) along the following lines -

If, in the special circumstances of any particular case, the Secretary of State thinks fit, he may accept an application for registration under para (2) above made otherwise than on or before the specified date and cause the British Dependent Territories citizen to be registered as a British National (Overseas).

/(c)