CONFIDENTIAL
naturalised in Hong Kong on the grounds of qualifying residence or service
in another dependent territory. But such a person would be a Hong Kong
Belonger under the Hong Kong Immigration Ordinance, and would not, if other
dependent territories equivalent regulations are on similar lines, be a
belonger of that other dependent territory. Therefore, if such a person
exists, then he or she must logically be regarded as a Hong Kong BDTC,
since it would not be possible to establish a legal link with any other
dependent territory.
6.
Article 2(1)(b) is therefore confined to registration outside Hong
Kong. It is likely that a number of registrations under the 1948 Act took
place outside Hong Kong on the basis of a connection with Hong Kong, since
neither section 6(2) nor section 7 of that Act contained any residential
qualifications. Any Governor or High Commissioner might therefore have
registered a person under either of these sections on the basis that they
met the requirements, irrespective of where the qualifying connection was.
This situation is reflected in page 7 of the Hong Kong Immigration Ordinance
under the heading of "Hong Kong Belonger" ((a) (iv)) in respect of pre-1983
cases. Under the 1981 Act registrations connected with Hong Kong would in
practice have taken place in Hong Kong.
7.
partly".
The opening words of Article 2(1)(b) contain the words "wholly or
This is to make it clear that the following sub paragraphs do
not necessarily reflect the entire basis on which an application for
registration is based.
8.
Article 2(1)(b)(iii) includes a person whose spouse has died. If
BDTC was acquired through marriage to a Hong Kong BDTC then it seems
logical to argue that it is retained by virtue of that connection after
the death of the BDTC spouse. If the widow or widower in question were
to remarry a non-BDTC in Hong Kong, that new spouse would then acquire an
avenue to BDTC with a Hong Kong connection through that marriage.
9.
Article 2(1)(c) caters for persons born outside Hong Kong to parents
settled in Hong Kong at the time of birth. (One consequence is that it
will prevent a Hong Kong BDTC or a person settled in Hong Kong from
relieving his children from the loss of BDTC by arranging for their birth
in another dependent territory). Since the term "settled" in a dependent
territory is defined in section 50(2) of the 1981 Act as "being ordinarily
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