TNAG-2933-FCO40-4208-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 32

1993-05-04 09:30

ZEJURITY BRANCH

392 868 5074

Q. 1

BN(0) Programme

why did the British & Hong Kong Governments proceed on this matter secretly, behind LegCo's back?

A. 1 There is an absurd conspiracy theory here.

Q. 2

A. 2

Q. 3.

A. 3

0. 4

A.

1. 4

There

is plenty of evidence against it. The Hong Kong Government mentioned in a press release months ago that a phased programme might have to be introduced and even included the phased programme in the Estimates for all to see. Formally speaking LegCo could not be involved because this is Legislation with London for the British parliament, concerning British passports.

The conservative Government took away HK British nationality rights in 1981, when creating BDTCS. Aren't you doing the same again further now by accelerating the end of BDTC's and substitution for BN(0)'s?

No.

BN(0)s retain their BDTC status until 30 June 1997. No nationality rights are lost in becoming a BN (O). In any case the BN (0) is a good travel document, given visa-free entry by over 70 countries. It is better than the BDTC which ends, by Chinese insistence, in 1997.

The phased programme does take away rights surely the right of BDTCS to choose when to become BN (0)S?

The right to choose when to apply is not a substantial right. Being able to exercise this 'right' does not benefit BDTCS in any way. On the contrary, it is likely to deprive BDTCs of the chance to become BN (0)s, because, unless there is an orderly programme, some will not get their passports, This would be much more serious than removing the desire to procrastinate.

Isn't it true that legal advice is conflicting on this programme? You are following the UK Memorandum annexed to the Joint Declaration but this is not legally binding?

This is neither a practical nor an honourable suggestion. When both sides, Britain and China in this case, agree, whether through exchanged Memoranda or a treaty, there are clear obligations on both sides to follow up the arrangements agreed, The Chinese are still keen on this arrangement and we have no good reason and no intention whatsoever to break this or any other agreement with them. Nor would anyone in Hong Kong really wish us to, I'm sure.