TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 141

23-SEP-1993 15:13

FOD N.T.C.D. LONDON

CONFIDENTIAL

071 270 4064

P.03

explaining this difference in approach to holders of BDTC passports. We suggest that you use the following arguments: -

a)

Since BDTC passports will evnire on 30 June 1997, there would be no point in making a BN (0) endorsement in such

passports.

b) If this were done for all BDTC passports, the British Government would not be able to replace them with BN(0) passports in anything less than a 5 to 10 year phased programme;

c)

Since BDTC status for those connected with Hong Kong will cease to exist after 30 June 1997, the placing of a BN (0) observation in such passports would serve to create doubts about the BN (0) status.

We continue to believe that to follow the procedure in paragraph 7 of your telno 1289 would invite ridicule. Nor do we see how such a procedure would meet the literal interpretation of the UK memorandum (JD 227) that quote hold unquote means physical possession.

(As it happens, both FCO and Home Office Legal Advisers tend to take a different-view.) As you say, the procedure is both cumbersome and bureaucratic and, in our view, ne mere meats the literal requirements of JD 227 then the procedures we have proposed for BC passport holders.

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