resident in
CONFIDENTIAL
that territory without being subject under
the immigration laws to any restriction on the period for which he might
remain", a Hong Kong BDTC who leaves Hong Kong temporarily still remains
settled in Hong Kong, and is therefore covered by this provision.
Similarly a Hong Kong BDTC who sends his wife abroad (or, for example,
purchases, say, Cayman Islands residence status for her) to have a child
will not succeed in relieving that child from loss because he himself
remains settled in Hong Kong. But the child of Hong Kong BDTCs who have
left Hong Kong permanently to settle elsewhere, and are therefore no longer
settled in Hong Kong, will rightly avoid the loss of BDTC status (although
the parents in question would probably not do so).
10.
Article 2(1)(d): this Article conforms with the way in which BDTC
may be acquired by descent under section 16 of the BNA 1981 (ie from a
parent in Hong Kong Crown or designated service).
11.
Article 2(1)(e): the grand parental connection is necessary to
accord with the way in which BDTC was acquired on commencement under
section 23(1)(b) of the 1981 Act. If the person in question had no other,
separate, route to BDTC then it could be argued that he or she must by
definition be a Hong Kong BDTC and therefore liable to lose that citizen-
ship.
12.
Article 2(1)(f); this provision is necessary to cater for those
persons in category A15 in the list annexed. It admittedly gives the
impression of being discriminatory between the sexes, 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 unhappy about
leaving "registered" undefined. There could be some doubt whether it
included registration as a CUKC. It seems better to dispel any doubts
that there may be.
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