TNAG-2932-FCO40-4207-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 76

CONFIDENTIAL

XCC(93)67

6

(f) there are other solutions, such as -

(i) calling for registration as BN(O)s first and issuing

BN(O) passports later;

(ii) letting registered BN(O)s hold BDTC and BN(O) passports concurrently, with the BN(O) passport becoming valid only on 1 July 1997; and

(iii) setting different fees for early and late

applications for BN(O) passports.

At the last meeting of the Sub-committee on 19 April we think that we met some of their concerns and answered their arguments; we explained that the other solutions proposed were not viable. However, they still had some doubts.

PRESENT POSITION

7

Members of the Sub-committee still feel that -

(a) BDTCs' rights under article 4(2) of the Hong Kong (British Nationality) Order 1986 to apply for registration as BN(O)s until 30 June 1997 are being taken away under the phased programme; and

(b)

the United Kingdom Memorandum annexed to the Joint Declaration should not be interpreted as requiring physical possession of the BN(O) passport by those who wish to use that passport after 30 June 1997. A person who has been registered as a BN(O) should be deemed to have held or be included in a BN(O) passport issued to him.

8

The drafting of the Order in Council is nearing completion. The draft Order is scheduled to be laid before Parliament in early May. We have requested the British Government to delay starting the legislative process until Members have had an opportunity to consider this paper, but if the programme is to begin on time, the draft Order must be approved before Parliament recesses for the summer.

Executive Council