already done so, the Home Office may wish to consult their legal advisers on the chances of such challenges succeeding. Even if they were unlikely to do so, there is quite a risk of a major political row if persons like Emily Lau focus on the reduction in the period of entitlement for BDTCS to register as BN (0)S.
4.
It
Draft Article 2 which adds a new paragraph, paragraph 4 to Article 4 of the 1986 Order allows for late registration as a BN (0) if the applicant shows that there are exceptional circumstances which would justify his late registration. will be difficult for most persons to demonstrate that exceptional circumstances exist in their case. I suggested to Mr Kelly that at the very least internal Home Office guidance might be issued as to what criteria would amount to exceptional circumstances since this would assist officers who are considering applicants for registration under this provision.
5.
Draft Article 2 adds a new paragraph 5 to Article 4 of the 1986 Order. This provides that where a person is registered as a BDTC the Secretary of State shall register him as a BN (0) provided he applies within three months of the date of his registration as a BDTC. A period of three months strikes me as really very short. I think there is a case for saying that it should be extended to four, five or even six months. If it were six months, the registration of the last tranche of applicants would take place between 1 January 1997 and 30 June 1997. Incidentally, this paragraph expressly provides for the Secretary of State to register a person who is a BDTC and entitled to be registered as a BN (0). There is no
corresponding provision in the 1986 Order expressly providing for registration; it merely provides that persons are entitled to be registered.
6.
Paragraph 3 of the draft Order amends section 42 of the British Nationality Act to add a new section 7. This also allows for late applications for registration or naturalisation as BDTCs to be registered if the applicant can show that there are exceptional reasons why he did not apply before the relevant date. Again I suggest that there should be Home Office guidelines indicating what would amount to exceptional
circumstances.
7.
Finally, with reference to paragraph 4 of the draft Order, it may be desirable to add a provision which would rename the Schedule to the Hong Kong British Nationality Order 1986 as the First Schedule, given that the Schedule set out in this Order is to be the Second Schedule to the 1986 Order.
2
Shelagh Brooks.
Shelagh Brooks
No comments yet.
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