C. PARA. 1
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IN LINE ONE WE PROPOSE THE REPLACEMENT OF 'BY BIRTH, REGISTRATION, OR NATURALISATION' BY 'BORN, REGISTERED OR
NATURALISED'. STRICTLY SPEAKING A BDTC BY BIRTH IS A BDTC UNDER SECTION 15(1) OF THE BNA 1981. BUT WE SUSPECT MR. EMERY INTENDED TO INCLUDE, IN PARA. 1, THOSE BDTC PARENTS WHO BECAME BDTCS UNDER SECTION 23 OF THE 1981 ACT. IN SO DOING, MR. EMERY WAS SIMPLY DESCRIBING THE LAW AS IT NOW STANDS:
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D. PARA. 5 IN LINE TWO WE PROPOSE THE REPLACEMENT OF 'BY BIRTH, ADOPTION, NATURALISATION OR REGISTRATION BY 'BORN ADOPTED, NATURAL- ISED OR REGISTERED FOR THE REASON GIVEN IN PARA. C ABOVE:
E. PARA. 6 THE PERSON MENTIONED THEREIN MAY BE CAUGHT BY THE 'EXCEPTION TO LOSS' CLAUSE:
F. PARA. 7 IN LINE THREE WE PROPOSE THE ADDITION OF 'WITH A QUALIFYING CONNECTION WITH HONG KONG AFTER 'A BDTC AND THE ADDITION OF (A PERSON HAS A QUALIFYING CONNECTION WITH HONG KONG FOR THE PURPOSES OF THIS SECTION IF HE, HIS PARENT OR GRANDPARENT WAS BORN, REGISTERED OR NATURALISED IN HONG KONG) AT THE END OF THAT PARAGRAPH. THE CHILD OF A GIBRALTARIAN WORKING FOR THE HONG KONG GOVERNMENT OVERSEAS WOULD NOT CEASE TO BE A BDTC IN 1997 ACCORDING TO THE BRITISH MEMORANDUM:
G. PARA. 12
S
WE SUGGEST IT SHOULD BE RECAST AS FOLLOWS
'A PERSON NATURALISED AS A BDTC ON GROUNDS OF MARRIAGE TO A PERSON WHO IS A BDTC BY BIRTH, NATURALISATION OR REGISTRATION IN HONG KONG, OR WHOSE PARENTS OR GRANDPARENT WAS BRON, NATURALISED OR REGISTERED IN HONG KONG (SECTION 18(2) BNA 1981).'
H. PARA. 14 WE SUGGEST THAT IT SHOULD BE RECAST AS FOLOWS 'A WOMAN REGISTERED AS A BDTC WITHIN 5 YEARS OF THE COMMENCEMENT OF THE BNA 1981 ON THE GROUNDS THAT IMMEDIATELY BEFORE 1 JANUARY 1983 SHE WAS THE WIFE OR THE FORMER WIFE OF A CUKC OR OF A FORMER CUKC WHO OR WHOSE FATHER OR GRANDFATHER WAS BORN, NATURALISED, OR REGISTERED IN HONG KONG AND WHO BECAME A BDTC ON 1 JANUARY 1983, OR WHO WOULD HAVE DONE SO BUT FOR HIS DEATH OR FOR HIS HAVING CEASED TO BE A CUKC AS A RESULT OF A DECLARATION OF RENUNCIATION. SECTION 20 OF THE BNA 1981). A FORMER WIFE OF A PERSON WHO WAS A CUKC MAY ALSO BE REGISTERED AND SO MAY THE WIFE OF A PERSON WHO RENOUNCED HIS CITIZENSHIP. A WOMAN REGISTERED UNDER SECTION 20 IN HONG KONG IS ALSO A HK BDTC IF HER HUSBAND'S OR FORMER HUSBAND'S BDTC STATUS WAS DERIVED FROM HIS GRANDFATHER (E.G. WHERE THE GRANDFATHER WAS BORN, REGISTERED OR NATURALISED IN HONG KONG UNDER SECTION 23(1)(B) OF THE BNA 1981).'
I. PARA. 15 WE PROPOSE THE ADDITION OF THE WORD 'OR' AFTER THE WORD 'FATHER' IN LINE THREE AND THE DELETION OF OR GREAT GRAND- FATHER'. SUCH A PERSON MAY NOT BE REGISTERED AS A BDTC UNDER SECTION 21 BUT MAY BE REGISTERED
IGN 27(2):
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15.
1