TNAG-2935-FCO40-4210-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 28

CONFIDENTIAL

133544

MDHIAN 1155

NATIONALITY SCHEME. MOST BCS ELIGIBLE NOW TO BE REGISTERED AS BN (0)S ARE BENEFICIARIES OF THIS SCHEME. WHEN SECTION 2(2) OF THE BRITISH NATIONALITY (HONG KONG) ACT 1990 COMES INTO FORCE, THESE BCS WILL LOSE THEIR BDTC STATUS HENCE THEIR BN (0) STATUS. WE WILL THEREFORE BE ADDING TO CONFUSION IF WE ALLOW AN ENDORSEMENT STATING THAT THE HOLDER IS A BN (0) TO BE MADE IN THEIR BC PASSPORTS.

5. THE ENDORSEMENT ITSELF, HOWEVER WORDED, DOES NOT SERVE ANY USEFUL PURPOSE. BN(0) STATUS DOES NOT OFFER ANY ENTITLEMENT OR PRIVILEGE NOT AVAILABLE TO THOSE WITH BC AND BDTC STATUS. AS IT WILL CREATE MORE PROBLEMS THAN IT SOLVES, WE BELIEVE THE SOLUTION IS TO SCRAP THE ENDORSEMENT ALTOGETHER. WE SHOULD BE GRATEFUL IF YOU WOULD CONSIDER THIS POSSIBILITY. IF ANY BC WANTS TO HAVE IT STATED IN HIS BC PASSPORT THAT HE HAS RIGHT OF ABODE IN HONG KONG BEFORE 1 JULY 1997, THE ENDORSEMENT OF BDTC STATUS, WHICH AS WE UNDERSTAND HAS ALL ALONG BEEN ENTERED ON BC PASSPORTS ON REQUEST, SHOULD BE SUFFICIENT.

6. THE SECOND PROBLEM IS WITH THE PROCEDURE OF REGISTERING AN ELIGIBLE BC AS A BN (O). REQUIRING A BC SIMPLY TO COMPLETE AN APPLICATION FORM AND PAY A FEE IS BOUND TO RAISE THE QUESTION WHY A SIMILAR PROCEDURE COULD NOT SUFFICE FOR BDTCS, UNDERMINING THE WHOLE RATIONALE OF OUR PHASED BN (0) REGISTRATION PROGRAMME. YOU WILL RECALL THAT THE LEGCO NATIONALITY SUBCOMMITTEE ACTUALLY SUGGESTED ENDORSING BDTC PASSPORTS WITH THE BN (0) STATUS AFTER BDTCS HAD COMPLETED APPLICATION FORMS AND PAID THE REQUISITE FEES. IF WE DO THIS NOW WITH BCS, WE ARE INVITING RENEWED PRESSURE TO SCRAP THE WHOLE BN (0) PHASED PROGRAMME, AND POLITICAL RIDICULE FOR OUR PREVIOUS STRONG POSITION ON YOUR BEHALF.

7. THE ONLY WAY IN WHICH AN ELIGIBLE BC CAN BECOME A BN (0) IS TO HAVE A BN (0) PASSPORT ISSUED TO HIM. ON ISSUE OF THE PASSPORT, HE COULD BE INFORMED THAT HE CANNOT HOLD A BC AND BN (O) PASSPORT SIMULTANEOUSLY, AND HE HAS THE CHOICE OF RETAINING EITHER HIS BC PASSPORT OR THE NEWLY ISSUED BN (0) PASSPORT. IF HE CHOOSES TO RETAIN HIS BC PASSPORT, HIS BN (0) PASSPORT SHOULD THEN BE CANCELLED. BUT SINCE HE WILL HAVE, ALBEIT MOMENTARILY, HELD A BN (0) PASSPORT, HE CAN BE CONSIDERED AS HAVING BEEN REGISTERED AS A BN (O). HE MAY THEN APPLY FOR A BN (0) PASSPORT AT ANY TIME IN THE FUTURE, PROVIDED THAT HE IS WILLING TO GIVE UP HOLDING OF HIS BC PASSPORT.

8. OUR RECORD SHOWS THAT IN THE LATE 1980S THERE WAS INDEED ONE CASE OF A BC ASKING FOR BN (0) ENDORSEMENT TO BE MADE IN

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