TNAG-2932-FCO40-4207-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 117

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MDHIAN 0109

FEW MONTHS. MEMBERS ARGUED THAT PEOPLE MIGHT WANT TO WAIT AND SEE

BECAUSE

5.

(A)

(B)

THERE MIGHT BE FURTHER CHANGES IN THE BRITISH NATIONALITY LAW WHICH WOULD SEPARATE BN (0)'S FROM BDTC'S AND THEN TAKE AWAY SOME OF THE RIGHTS OF BN (0)'S: AND

CIVIL SERVANTS, FOR EXAMPLE, MIGHT NOT WISH TO CLOSE

OFF THEIR OPTIONS TOO SOON AND POSSIBLY PREJUDICE

THEIR CHANCES WITH THE FUTURE HKSAR GOVERNMENT.

WE ARGUED THAT APPLICATIONS RIGHT UP TO 30 JUNE 1997 WOULD NOT, IN PRACTICE, BE ENTERTAINED. THEY AGREED THAT SOME SORT OF PHASING WAS NECESSARY, BUT OBJECTED TO THE LEGAL SANCTIONS.

6.

MEMBERS OBJECTED TO THE WORDING IN THE ORDER WHICH WOULD

ENABLE THE DIRECTOR OF IMMIGRATION TO EXERCISE DISCRETION TO ACCEPT LATE APPLICATIONS: THEY DID NOT LIKE QUOTE SPECIAL CIRCUMSTANCES UNQUOTE AND PREFERRED QUOTE REASONABLE EXCUSE UNQUOTE (WHICH IS THE TERM WE USED IN OUR EXCO PAPER). THEY ALSO WANTED US TO PUBLICISE THE GUIDELINES AS TO WHAT WOULD CONSTITUTE

SPECIAL CIRCUMSTANCES. WE RESISTED ALL THE PRESSURE TO CHANGE THE WORDING OF THE ORDER AND TO SET OUT GUIDELINES. WE EXPLAINED THAT IT WOULD BE MORE RESTRICTIVE IF SPECIFIC GUIDELINES WERE PUBLICISED.

7.

MEMBERS ASKED WHETHER THERE WERE ANY APPEAL CHANNELS. WE EXPLAINED THAT APPLICANTS, WHOSE LATE APPLICATIONS WERE REJECTED BY THE DIRECTOR OF IMMIGRATION, COULD APPEAL TO THE SECRETARY FOR SECURITY, THE GOVERNOR AND, ULTIMATELY, TO THE SECRETARY OF STATE.

8.

WE ARGUED STRONGLY THAT WE HAD AN OBLIGATION TO PROVIDE A

SYSTEM WHICH WOULD PROVIDE A FAIR AND EQUAL CHANCE FOR ALL WHO WISHED TO APPLY FOR AND RECEIVE A BN(0). SPEAKING MORE FOR THE BENEFIT OF THE MEDIA PRESENT, WE SAID THAT IT WOULD BE IRRESPONSIBLE OF US NOT TO GUARANTEE THAT ANYONE WHO WANTED ONE WOULD HAVE A REASONABLE OPPORTUNITY TO APPLY FOR AND TO RECEIVE A BN (0).

9. SOME MEMBERS SAID THAT IF THEY CONTINUED TO FIGHT, THEY WOULD BE CONFUSING THE SITUATION AND THEY MIGHT, THEREFORE, BE ACCUSED OF HURTING THE PUBLIC.

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