(C) ARTICLE 2(1)(A)(11)
AMENDED TO READ
**(1) WAS ADOPTED
-
-
WE SUGGEST THAT THIS PARAGRAPHE BE
(A) BY BRITISH DEPENDENT TERRITORIES CITIZENS BOTH OF WHOM BY
VIRTUE OF THIS ORDER CEASE, OR BUT FOR THEIR DEATH WOULD HAVE CEASED, TO BE BRITISH DEPENDENT TERRITORIES CITIZENS WITH EFFECT
FROM 1 JULY 1997: OR
(B) BY A BRITISH DEPENDENT TERRITORIES CITIZEN (WHETHER OR NOT THE
ADOPTION IS ALOS BY ANOTHER PERSON) WHY BY VIRTUE OF THIS
ORDER CEASES, OR WOULD BUT FOR HIS DEATH HAVE CEASED TO BE
BRITISH DEPENDENT TERRITORIES CITIZEN WITH EFFECT FROM 1 JULY 1997:''
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THESE TWO SUB-PARAGRAPHS
(D) ARTICLE 2(1)(A)(111) AND 2(1)(B)
SHOULD BE COMBINED. OTHERWISE SUB-PARAGRAPH 2(1)(A)(TTI) WOULD AFFECT
A BDTC WHO HAS A CLOSER CONNECTION WITH ANOTHER DEPENDENT TERRITORY
THAN WITH HONG KONG SUCH AS A WOMAN MARRIED TO A GIBRALTESE HUSBAND
AND REGISTERED IN HONG KONG UNDER SECTION 6(2) OF THE BNA 1948.
THE PROBLEM ARISES FROM THE COMPOSITE NATURE OF BDTC-SHIP BUT IN
DRAFTING THIS ORDER A CLEAR DISTINCTION SHOULD BE DRAWN BETWEEN
HONG KONG BDTCS AND OTHER BDTCS. THE WORDS OUTSIDE HONG KONG'
SHOULD BE DELETED FROM ARTICLE 2(1)(B):
(E) ARTICLE 2(1)(B)(11)
MAINLY BE DELETED:
(F) ARTICLE 2(1)(v)
✓ BE DELETED:
-
WE SUGGEST THAT THE PHRASE 'WHOLLY OR
<
WE SUGGEST THAT 'IN THE MALE LINE'
(G) ADD THE FOLLOWING SUBSECTION (V) : '(V) SETTLEMENT OF EITHER
PARENT IN HONG KONG':
(H) ARTICLE 2(1)(C)
PREVEIOUS DRAFTS:
-
THIS REMEDIES A SERIOUS OMISSION IN
(1) ARTICLE 2(1)(D)(IV)
DEVELOPMENT COUNCIL':
-
'TOURIST BOARD' SHOULD READ 'TRADE
(J) ARTICLE 2(1)(E) WE SUGGEST THAT THIS PARA. BE AMENDED TO
READ AT THE TIME OF THE BIRTH OF HIS FATHER OR MOTHER, ONE OF
HIS GRANDPARENTS WAS A CTIZIEN OF THE UNITED KINGDOM AND COLONIES
BY VIRTUE OF HIS HAVING A CONNECTION WITH HONG KONG AS OTHERWISE
SPECIFIED IN THIS ARTICLE'. WE CONSIDER THAT REFERENCE TO ONE
OF HIS GRANDPARENTS BEING A BDTC BY VIRTUE OF A CONNECTION WITH
HONG KONG SHOULD BE DELETED AS IT IS NOT POSSIBLE FOR A PERSON TO
HAVE A GRANDPARENT WHO IS A HK BDTC BEFORE THE RELEVANT DATE:=
1
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(K) ARTICLE 2(2) WE SUGGEST THAT THE USE OF THE EXPRESSION
'RELEVANT DATE AND THEREFORE A DEFINITION OF THIS EXPRESSION BE
DROPPED. INSTEAD, '1 JULY 1997' SHOULD BE USED:
3
CONFIDENTIAL
1
/ (L)