CONFIDENTIAL
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14.
PARENT WHO BECAME A HONG KONG BDTC.
2) A PERSON REGISTERED AS A CUKC OUTSIDE HONG KONG UNDER
SECTION 12(6) OF THE BRITISH NATIONALITY ACT 1948 AS
AMENDED BY THE BRITISH NATIONALITY ACT 1958 BY VIRTUE OF
DESCENT IN THE MALE LINE FROM A PERSON BORN OR
NATURALISED IN HONG KONG.
ARTICLE 2(1)(D) CONCERNS PEOPLE BORN OUTSIDE HONG KONG TO
PARENTS SETTLED IN HONG KONG AT THE TIME OF THE BIRTH. IT IS
CONSISTENT WITH THE PROVISIONS OF SECTION 15(1)(B) OF THE BRITISH
NATIONALITY ACT 1981, WHEREBY A PERSON BORN IN A DEPENDENT
TERRITORY TO A NON-BDTC SETTLED IN A DEPENDENT TERRITORY ACQUIRES
BRITISH DEPENDENT TERRITORIES CITIZENSHIP AT BIRTH. THE TERM
'SETTLED' IN A DEPENDENT TERRITORY IS DEFINED IN SECTION 50(2) OF
THE BRITISH NATIONALITY ACT 1981 AS 'BEING ORDINARILY RESIDENT IN
.... THAT TERRITORY WITHOUT BEING SUBJECT UNDER THE
IMMIGRATION LAWS TO ANY RESTRICTION ON THE PERIOD FOR WHICH HE
MIGHT REMAIN'. A PERSON SETTLED IN HONG KONG WHO LEAVES HONG
KONG TEMPORARILY STILL REMAINS SETTLED IN HONG KONG, AND IS
THEREFORE COVERED BY THIS PROVISION. THUS THE CHILD OF A PERSON
SETTLED IN HONG KONG WHO IS BORN OUTSIDE HONG KONG WHILE HIS OR
HER PARENTS WERE TEMPORARILY ABSENT IS REGARDED AS HAVING A
CONNECTION WITH HONG KONG FOR THE PURPOSE OF THE ORDER. BUT THE
CHILD OF PERSONS WHO HAVE LEFT HONG KONG PERMANENTLY TO SETTLE
ELSEWHERE, AND ARE THEREFORE NO LONGER SETTLED IN HONG KONG, IS
NOT REGARDED AS HAVING SUCH A CONNECTION. IF THE PARENT IN
QUESTION IS NOT ONLY SETTLED IN HONG KONG BUT IS ALSO A HONG KONG
BDTC, ANY CHILDREN BORN OUTSIDE HONG KONG WILL ALSO BE COVERED BY
ONE OR MORE OF THE OTHER PROVISIONS OF ARTICLE 2(1).
15.
ARTICLE 2(1)(E) REFERS TO BDTCS WHO ARE SUCH THROUGH A
GRANDPARENTAL CONNECTION. THIS ACCORDS WITH SECTION 23(1)(B) OF
THE BRITISH NATIONALITY ACT 1981, WHICH PROVIDES THAT A CITIZEN
OF THE UNITED KINGDOM AND COLONIES (CUKC) BORN TO A PERSON WHO
WAS A CUKC BY HIS OR ONE OF HIS PARENT'S BIRTH, NATURALISATION OR
REGISTRATION IN A DEPENDENT TERRITORY BECAME A BDTC ON 1 JANUARY
1983.
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