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Those in (ii) and (iii) would seem also to include some "mixed" BDTCs particularly those whose parental connection is with a Dependent Territory, but whose personal connection is with Hong Kong. As I have said, above, whether you do wish to except any mixed i BDTCS from loss of that status is a matter of policy. The categories proposed by Hong Kong do not however appear to be closely supported by their reasoning in paragraph 1B.
As far as the detailed proposals are concerned:
2A.
2B.
2C.
This phrase was deleted in our draft of 15 March.
I agree.
I am not sure why this is proposed. Article 2(i)(a) (ii) of the draft Order covers the case of a minor who is adopted in Hong Kong, and the case of a minor whose parent is a Hong Kong BDTC is covered by those other parts of the Article which refer to a person's parents.
2D. Again, this proposal seems to me to exclude certain mixed BDTCs, who are registered or naturalised outside Hong Kong, but who are so registered or naturalised partly on the basis of a connection with Hong Kong. Again, it is a matter of policy whether some mixed BDTCs are to be excepted from loss.
2E.
I agree with Hong Kong that there does not seem to be a compelling need for those words (they do not appear in Article 2(i)(d)(i)).
2F.
The case of a person who is descended from a grandparent who has BDTC status or who had CUKC status by virtue of a connection with Hong Kong is covered by Article 2(i)(e). I think that this paragraph is intended to cover cases outside this provision, such as those who became BDTCs under section 23(3) of the 1981 Act at commencement. That sub-section does specify
✓ descent being "in the male line".
2G. I am not sure why this is necessary, and would in any case have thought that any point was covered by the provisions of Article 2(i)(b)(i) (residence wholly
cettames' " or mainly in Hong Kong).
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2H.
I agree.
/21.