CONFIDENTIAL
030206 MDHI 9662
THE PROBLEM OF A LARGE NUMBER OF LATE APPLICATIONS AND WE COULD
NOT COPE.
LINE TO TAKE
WE PROPOSE TO EXPLAIN TO THE SUB-COMMITTEE THAT WE ARE GOING AHEAD WITH OUR PLANS AND THAT THE ORDER IN COUNCIL WILL BE INTRODUCED IN PARLIAMENT IN THE NEAR FUTURE. WE SHALL ALSO TRY TO WALK THE DIFFICULT PATH BETWEEN ASSURING THEM THAT LATE-COMERS
WILL BE TREATED SYMPATHETICALLY AND INSISTING ON FIRM DEADLINES.
WE MAY INVITE MEMBERS TO PUT FORWARD REASONS WHICH THE IMMIGRATION DEPARTMENT HERE WOULD CONSIDER 'SPECIAL CIRCUMSTANCES'.
8.
AFTER THE LAST MEETING OF THE SUB-COMMITTEE WE WERE ASKED TO PROVIDE THE FOLLOWING INFORMATION. WE PLAN TO REPLY AT THE
MEETING TO BE ARRANGED LATER THIS WEEK.
(A) A REVIEW OF THE LEGAL POSITION OF WHETHER A PERSON
APPLYING FOR REGISTRATION AS A BN(0) MUST BE ISSUED
WITH THE BN(0) PASSPORT BEFORE 1 JULY 1997:
(B) ADVICE ON WHETHER A PERSON MUST HOLD A PASSPORT TO
RETAIN HIS NATIONALITY: AND
(C)
ADVICE ON THE FEASIBILITY OF ISSUING TO AN APPLICANT
BEFORE JULY 1997 A CERTIFICATE WHICH INCLUDES A
STATEMENT TO THE EFFECT THAT THE HOLDER IS DEEMED TO BE IN PHYSICAL POSSESSION OF A BN (0) PASSPORT.
9. ON PARAGRAPH 8(A), WE INTEND TO EXPLAIN TO THE SUB-COMMITTEE THAT IT WAS NOT THE LAW, BUT THE UNITED KINGDOM MEMORANDUM ANNEXED TO THE JOINT DECLARATION, THAT LINKS RETENTION OF THE BN (0) STATUS AFTER 1 JULY 1997 TO THE HOLDING OF A BN (0) PASSPORT. ALTHOUGH THE MEMORANDUM IS FORMALLY DISTINGUISHABLE
FROM THE JOINT DECLARATION AND IS NOT LEGALLY BINDING, IT IS AN INTEGRAL PART OF THE AGREEMENT REACHED WITH THE CHINESE SIDE IN
1984. THERE ARE CLEAR OBLIGATIONS ON BOTH SIDES TO ACT ACCORDING TO THE UNDERSTANDING REACHED BETWEEN THE TWO GOVERNMENTS.
10. THE QUESTIONS IN PARAGRAPHS 8 (B) AND (C) ARE ONE QUESTION
AND INSEPARABLE. WE INTEND TO EMPHASISE THAT THE BN (0) IS A
SPECIAL CASE ARISING FROM THE CHANGE OF SOVEREIGNTY OF HONG KONG. IT SHOULD NOT BE COMPARED TO OTHER TYPES OF BRITISH NATIONALITY
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CONFIDENTIAL
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