A BRITISH lawyer has advised Legislative Council members not to challenge the legality of the proposal forcing British Dependent Territory Citizen (BDTC) passport holders to switch to British National Overseas (BNO) passports in phases in the run-up to 1997.
Councillors had asked Ian Macdonald QC his opinion on whether the draft Order-in-Council violated the right of BDTC holders to hold the passport until July 1, 1997 - when BDTCs become invalid.
In a paper submitted to legislators, Mr Macdonald said the dispute was the interpretation of the Joint Declaration rather than a constitutional issue which might be decided in court.
''Any disputes over this so called 'legal' ground must therefore, in my opinion, be dealt with politically,'' he said.
He said the proposed draft order was within the legislative power of the 1985 Hongkong Act. Forcing BDTC holders to switch to BNOs in phases according to their age was not unlawful, he added.
''In my opinion, the Hongkong Act 1985, the 1986 Order-in-Council, and the proposed Order-in-Council are all well within the normal constitutional framework and there could be no challenge to the legality of the proposed Order on the basis that it stripsBDTCs of their nationality status in the manner proposed,'' he said.