TNAG-2937-FCO40-4212-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 20

17-DEC-1993

15:12

B4 IND LIVERPOOL

MUD 540/1

RECE

17 DEC 1993

Mrs Barnes-Jones

FICT

Hong Kong Departmenti-

INDE

44 051 236 3386

Mr Gee Mease

P.01

(299)

mark this & the back papers to Mr Woodrow a 20112 пют

cc Mr Rooney NTCD

Copied to Miss Porocks

ん

for her to take into

Consideration

PROCEDURE WITH LATE BN(0) REGISTRATION APPLICATIONS

I refer to your faxed note of 14 December.

Ingrid Ho asks first whether the Secretary of State would be content for the Governor to exercise his functions in respect of BN(0) applications. I do not think that there is any problem

here.

#1

Section 43 of the British Nationality Act 1981 was amended so as to enable the Secretary of State to delegate to the Governor of a dependent territory his powers to register or refuse to register BN(0) applicants. Section 43(1) says that "the Secretary of State may ...... make arrangements..

for his functions to be exercised by Governors and Lieutenant-Governors. In view of instructions and guidelines

and guidelines on processing BN (0) applications which

which the FCO have issued to Hong Kong and diplomatic posts it could, I think, reasonably be argued that the Secretary of State had "made arrangements" for them to register and refuse registration to BN (0) applicants. Although formal written authority seems unnecessary you could I suppose for the avoidance of doubt issue a letter of authority similar to the one which NTCD sent to the Governors on 22.12.82 in respect of 1981 Act matters · see copy enclosed.

-

On Ingrid's second point although it would make no difference in law whether the post or the Governor notified a failed appeal, it would be consistent with Home Office practice in dealing with other citizenship applications made via posts to

to have the decision communicated by the post to the applicant.

The post will deal with the outgoing letter. We think it desirable to avoid leaving them in the dark as to the eventual outcome of the application. If they are not informed,

informed, they will not know whether the application has been refused or has been mislaid and may make unnecessary enquiries. Our preference therefore is for posts to be involved in notifying failed appeals.

298

Nationality Division

Home Office

17 December, 1993

18.2/JM

CJ KELLY

TOTAL P.01