TNAG-2931-FCO40-4206-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 10

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CONFIDENTIAL

HKD 340/1

170757

MDLIAN 7886

63

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 616

OF 201043Z APRIL 93

$3

RECE

22 APR 1993

INDER

60

Copied to Chris Kelly on

TOP COPY Q DIST ?/

a

214.

OUR TELNOS 566 AND 590: PHASED PROGRAMME FOR REGISTERING BDTC'S AS BN (0)'S AND FOR ISSUING THEM WITH BN(0) PASSPORTS

SUMMARY

1. WE BELIEVE THAT WE HAVE DIFFUSED THE ACCUSATIONS THAT WE ARE TAKING AWAY NATIONALITY RIGHTS BEFORE 1997: BUT THE LEGCO NATIONALITY SUB-COMMITTEE CONTINUES TO MAINTAIN THAT THE RIGHT OF BOTC'S TO APPLY FOR BN(0) PASSPORTS RIGHT UP UNTIL 30 JUNE 1997 IS BEING TAKEN AWAY BY A PHASED PROGRAMME.

DETAIL

2. MEMBERS DISAGREED WITH OUR INTERPRETATION OF THE UK MEMORANDUM ANNEXED TO THE JOINT DECLARATION. THEY DID NOT ACCEPT THAT THE REGISTRATION OF A BN (O) AND THE ISSUING OF A BN(0) PASSPORT NEEDED TO BE DONE CONTEMPORANEOUSLY. THEY ARGUED THAT A PERSON WHO HAS BEEN REGISTERED AS A BN (0) SHOULD BE DEEMED TO HAVE HELD, OR BE INCLUDED IN, A BN (0) PASSPORT ISSUED TO HIM AND THAT 'HOLD OR ARE INCLUDED IN' SHOULD NOT BE INTERPRETED AS HAVING TO BE IN PHYSICAL POSSESSION OF A BN (0) PASSPORT.

3. MEMBERS QUERIED WHY PROVISION FOR CUT-OFF DATES WAS NOT INCLUDED IN THE 1986 ORDER. WE POINTED OUT THAT THE LEGAL BASIS FOR CUT-OFF DATES WAS ACTUALLY IN THE PRINCIPAL LEGISLATION, THE 1985 ACT, AND THAT, AT THE TIME OF MAKING THE 1986 ORDER, CUT-OFF DATES WERE NOT IMMINENTLY NECESSARY. MEMBERS IGNORED THE FIRST POINT AND RECEIVED THE SECOND WITH SCEPTICISM.

4. IN GENERAL, MEMBERS REMAINED DOUBTFUL OF THE NEED TO GIVE LEGAL FORCE TO THE CUT-OFF DATES. THEY SUGGESTED THAT WE ENCOURAGE ACQUISITION OF THE BN (0) PASSPORT BY MAKING EARLY APPLICATIONS FREE, BUT PUNISHING' LATE APPLICATIONS BY INCREASING THE FEE SIGNIFICANTLY. WE POINT OUT THAT IT WAS NOT POSSIBLE TO SET FEES IN THIS WAY: MORE IMPORTANTLY, WE POINTED OUT THAT THIS MEASURE WOULD ONLY SCRATCH THE SURFACE OF THE PROBLEM: THE GREAT MAJORITY OF THOSE WHO NOW APPLIED FOR A NEW PASSPORT NOT OPTED FOR A BN (O) RATHER THAN A BDTC PASSPORT. THE REAL PROBLEM WAS THE GREAT MAJORITY WHO IN THE NORMAL COURSE

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