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BUT IT IS INTENDED TO COVER CIRCUMSTANCES WHICH CAN ONLY APPLY TO
WOMEN. BEFORE 1 JANUARY 1949, MARRIAGE TO A MAN WHO WAS A
BRITISH SUBJECT AUTOMATICALLY CONFERRED BRITISH SUBJECT STATUS ON
HIS WIFE (SECTION 10(1) OF THE BRITISH NATIONALITY AND STATUS OF
ALIENS ACT 1914). THE WORDING MAKES THE LINK WITH SECTION 12(5)
OF THE BNA 1948 AND SECTION 23(1)(C) OF THE BNA 1981 READILY
DISCERNIBLE.
13. ARTICLE 2(2): THIS ARTICLE SIMPLY DEFINES THE TERM
REGISTRATION IN PARAGRAPH (1). NATURALISATION SPEAKS FOR ITSELF,
BUT WE ARE UNHAPY ABOUT LEAVING 'REGISTERED' UNDEFINED. THERE
COULD BE SOME DOUBT WHETHER IT INCLUDED REGISTRATION AS A CUKC.
14.
ARTICLE 2(3): THIS IS THE 'EXCEPTION TO LOSS' CLAUSE. AT
THIS STAGE IT IS PURELY ILLUSTRATIVE, PENDING A FINAL DECISION ON
WHO SHOULD BE EXCEPTED. IT REFERS ONLY TO THE POST 1 JANUARY
1983 SITUATION, BECAUSE SETTLEMENT WAS NOT AN ISSUE PRIOR TO
1983. BIRTH ALONE IN HONG KONG WAS SUFFICIENT TO CONFER CUKC
STATUS, AND THEREFORE CLEARLY ESTABLISHED A ' SEPARATE' HONG KONG
BDT CITIZENSHIP, IRRESPECTIVE OF THE NATIONALITY OR IMMIGRATION
STATUS OF THE PARENTS. TO ATTEMPT TO PROVIDE FOR THE PRE-1983
PROVISION WOULD PROBABLY BE UNWORKABLE, GIVEN THAT WE ARE NOT
MERELY CONCERNED WITH YOUNG CHILDREN BORN IN RECENT YEARS, BUT
ALSO WITH OLDER PEOPLE WHOSE PARENTS MAY HAVE BEEN BORN IN HONG
KONG PRIOR TO THE 1948 ACT, AND CERTAINLY PRIOR TO THE EXISTENCE
OF THE TERM 'SETTLED'.
LOSS OF BRITISH DEPENDENT TERRITORY CITIZENSHIP
15. ARTICLE 3: THIS PROVIDES FOR THOSE PEOPLE PREVIOUSLY DEFINED
AS BDTCS BY VIRTUE OF A CONNECTION WITH HONG KONG TO LOSE THAT
CITIZENSHIP ON 1 JULY 1997, BUT EXCLUDES THOSE PERSONS WHO CAN
ESTABLISH A 'SEPARATE' ROUTE TO BDTC BY A CONNECTION WITH ANOTHER
DEPENDENT TERRITORY. SUCH PERSONS WOULD NOT MEET THE REQUIREMENT
OF ARTICLE 3(B), AND WOULD THEREFORE AUTOMATICALLY BE EXCEPTED
FROM LOSS OF THEIR CITIZENSHIP.
RIGHT TO ACQUIRE NEW STATUS OF BRITISH NATIONAL (OVERSEAS)
16. ARTICLE 4(1) SPECIFIES THE DATE ON WHICH THE NEW NATIONALITY
WILL COME INTO BEING. IN ORDER TO FIT IN WITH THE NORMAL
VALIDITY PERIOD OF PASSPORTS, IT IS INTENDED THAT IT SHOULD BE
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