TNAG-2935-FCO40-4210-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 97

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麻畢道

**SH OUR RLD-

SBCR 4/2091/84 Pt 36

*ER YOUR Ret

Foreign and Commonwealth Office

(Attn: Mr John Woodrow}

King Charles Street

LONDON SW1A 2AH

Dean John,

ריכי.

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

13 July 1993

British National (Overseas) Phased Registration Programme

196

I said in my letter of 5 July to Chris Kelly and copied to Deborah Barnes Jones that I would write soon about how late applications which overseas posts find problematic are to be treated. I think it is best for me to do so now together with commenting on your draft Lelegram Lu uverseas pusis.

To avoid inconsistency, I suggest that all late applications which overseas posts find to be outside the criteria are referred to Hong Kong for the Director of Immigration's consideration. The Director of Immigration will send those cases which he considers to be acceptable back to the posts concerned for approval. Those which he rejects will be submitted to the Governor as appeals via the appeal panel for consideration. The views of the Governor on these cases will be sent back to the posts for their further processing of the cases.

Our

There is, however, one legal point involved. legal adviser advises that for applications received by overseas posts, the ultimate decision making authority rests with the Ambassadors/Consul Generals/High Commissioners/British Representatives there. They are not legally bound to accept Hong Kong's views. But obviously It is important that they do so for the sake of consistency and fairness. LegCo will definitely keep a close watch over the way we handle late applications. There will be severe criticism if we do not ensure consistency in assessment of their acceptability. therefore wish to include in yoru draft telegram a directive that all overseas posts should refer potential rejection cases to Hong Kong and process them in accordance with the views on these the posts by Hong Kong. Your paragraph 4 will have to be amended if you include such a directive.

You may

referred hank

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The Immigration

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