CONFIDENTIAL
For example:
14.
1) a child registered as a CUKC outside Hong Kong under
section 7 of the British Nationality Act 1948 who had a
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 provison.
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 birth, naturalisation or registration
in a Dependent Territory became a BDTC on 1 January 1983.