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AND 15(5)) FIRMLY IN MIND. WE RECOMMEND THAT OUR DEFINITION OF
ACQUISITION OF CITIZENSHIP BY ADOPTION IN ARTICLE 2(1)(A)(TTI)
OF THE REVISED DRAFT ORDER IN OUR FIRST IFT BE ADOPTED. IT IS
BASED ON PARA. 2(C) OF OUR TELNO 681 BUT MODIFIED TO PROVIDE FOR
CASES OF JOINT ADOPTION IN ANOTHER DEPENDENT TERRITORY BY PARENTS
ONE OF WHOM IS A BDTC WHO WOULD NOT BY VIRTUE OF THE ORDER IN
COUNCIL CEASE TO BE A BDTC ON 1 JULY 1997 WHILE THE OTHER WOULD.
SUCH A CHILD WOULD BE A SEPARATE BDTC AND SHOULD BE ABLE TO RETAIN
HIS BDTCSHIP. WE BELIEVE THAT ADOPTION SHOULD BE TREATED AS FAR AS
POSSIBLE LIKE BIRTH.
(D) ARTICLE 2(1)(A)(IV).
WE DO NOT (NOT) AGREE THAT REGISTRATION
IN HONG KONG IN ITSELF IS A SUFFICIENT CONNECTION. OUR REASONS
ARE AS FOLLOWS:
(1) IN VIEW OF THE 'APPROPRIATE GOVERNOR' RULE, WE ACCEPT THAT
REGISTRATION IN HONG KONG UNDER THE 1981 ACT IN ITSELF IS A CLOSE
CONNECTION. WE CANNOT HOWEVER AGREE THATTHE SAME IS TRUE OF THE
1948 ACT. FOR THIS REASON THE IMMIGRATION ORDINANCE HAS INCLUDED
ONLY THOSE BRITISH SUBJECTS BY REGISTRATION IN HONG KONG UNDER
SECTION 7(2) OF THE 1948 ACT IN THE DEFINITION OF HONG KONG
BELONGER' IN SECTION 2 OF THE ORDINANCE. REGISTRATION UNDER SECTION
7(2) WAS INCLUDED BECAUSE EXPERIENCE HAD SHOWN THAT IN THOSE CASES
THE ONLY CONNECTION THE CHILD HAD WAS WITH HONG KONG. IN OTHER CASES OF REGISTRATION IN HONG KONG, SUCH AS REGISTRATION UNDER
SECTION 6(2), THE PLACE WHERE A PERSON WAS REGISTERED IS ENTIRELY FORTUITOUS. A SIGNIFICANT NUMBER OF SECTION 6(2) REGISTRATIONS IN
HONG KONG INVOLVE ALIEN WOMEN MARRIED TO UNITED KINGDOM BORN CUKCS.
THE HUSBANDS IN ALL SUCH CASES ARE NOT HONG KONG BELONGERS AND WE
SAW NO REASON FOR CONFERRING BELONGERSHIP ON THESE WIVES SINCE THE
PERSONS FROM WHOM THE DERIVED CUKCSHIP DID NOT HAVE IT.
(11) ALL THE EVIDENCE SUGGESTS THAT REGISTRATION IN THE UNITED
KINGDOM IN ITSELF IS NOT REGARDED AS A SUFFICIENT CONNECTION. FOR
EXAMPLE A WOMAN REGISTERED IN THE UNITED KINGDOM UNDER SECTION 6(2)
OF THE 1948 ACT DID NOT BECOME A BC UNLESS EITHER SHE WAS MARRIED
BEFORE 28 OCTOBER 1971 OR HER HUSBAND WAS A PATRIAL UNDER THE
IMMIGRATION ACT 1971. CONVERSELY A WOMAN REGISTERED IN HONG KONG
UNDER SECTION 6(2) ON THE BASIS OF HER MARRIAGE TO A CUKC WHO HAD
THE RIGHT OF ABODE IN THE UNITED KINGDOM BECAME A BC AT
COMMENCEMENT UNDER SECTION 11 OF THE 1981 ACT. PARA. 19 OF THE GREEN
PAPER ON THE 1981 ACT (CMND 6795) STATES THAT BRITISH CITIZENSHIP
WOULD NOT BE CONFERRED ON CUKCS SUBJECT TO IMMIGRATION CONTROL,
THEIR REGISTRATION IN THE UNITED KINGDOM NOTWITHSTANDING.
FURTHERMORE THE 1931 ACT LEAVES OUT REGISTRATION IN THE UNITED
KINGDOM UNDER SECTION 1 OF THE BRITISH NATIONALITY (NO. 2) ACT
1964 AS A ROUTE TO BRITISH CITIZENSHIP UNLESS THE MOTHER OF THE
PERSON SO REGISTERED BECAME A BC AT COMMENCEMENT OR THE PERSON SO
REGISTERED HAD THE RIGHT OF ABODE IN THE UNITED KINGDOM UNDER SECTION
2(1)(C) OF THE IMMIGRATION ACT 1971 IMMEDIATELY BEFORE
COMMENCEMENT.
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