must have acquired BDTC by birth, registra- tion, naturalisation or adoption in a dependent territory). The effect of this provision is that BDTC will not normally be acquired by the second generation born outside the dependent territories. However, in some circumstances; see sub-paragraph (d) below, the second generation born outside the dependent territories may acquire BDTC at a subsequent date by registration;

by naturalisation. As at present, applica- tions for naturalisation may be made after five years' residence. Additionally, both men and women who marry BDTCs will be able to apply for BDTC by naturalisation after three years' residence in a dependent territory. This is a significant departure from the previous law under which a woman who marries a CUKC has the right to acquire her husband's citizenship by registration whereas a man marrying a CUKC has no such right and is subject to naturalisation, i.e. discretionary, procedures;

by registration (minors). A child born outside the dependent territories to a parent who is a BDTC by descent will have an entitlement to BDTC by registration if -

the father, mother and child return to a dependent territory and are resident there for three years;

(i)

(11).

or

a grandparent was, or but for death would have been, a BDTC otherwise than by descent and the parent had lived in a dependent territory for three years at any time before the child's birth and the application is made within one year of birth;

..

There will

by discretionary registration. be discretionary power to register any child as a BDTC. This is analogous to the existing discretionary power to register any child as a CUKC.

Immigration (Amendment) (No 2) Bill 1982

6

Under the BNA 1981 BDTC is a citizenship for the British Dependent Territories as a whole. Accordingly, because of the need to control immigration, it is necessary to ensure that the absolute right to land and remain in Hong Kong is enjoyed only by those BDTCs who acquire BDTC by connection with Hong Kong. Consequently, the main purpose of the Immigration

TUAL

Share This Page