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CONFIDENTIAL

16. Article 2(1)(f) establishes a connection for women who became

BDTCS by marriage in the circumstances set out in section 23(1)(c)

of the British Nationality Act 1981. This provides that a woman who

was a CUKC immediately before 1 January 1983 became a BDTC on that

date if she was the, or had at any time been the wife of a man who

became a BDTC on 1 January 1983, or who would have done so but for

his death.

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17.

Article 2(2) defines the term registration in paragraph (1).

Naturalisation speaks for itself, but if the term "registered" were

left undefined there could be some doubt whether it included

registration as a citizen of the United Kingdom and Colonies under

the British Nationality Act 1948.

18.

Article 2(3) provides that children born in Hong Kong on or

after 1 January 1983 shall not be regarded as having a connection.

with Hong Kong if their parents were only there temporarily, or if

neither of them was a Hong Kong BDTC. It conforms with the way in

which BDTC citizenship is acquired at birth under the British

Nationality Act 1981. The same provision cannot be made for persons

born before 1983: prior to 1983, birth in Hong Kong was in itself

sufficient to confer citizenship of the United Kingdom and Colonies,

and thus to establish a clear connection with Hong Kong irrespective

of the nationality or immigration status of the parents.

Loss of British Dependent Territories citizenship

19.

Article 3 provides for those people identified udher Article 2(1) as BDTCs by vitue of a connection with Hong Kong to lose that

citizenship on 1 July 1997. But it doesnot affect those persons who

can establish an independent route to BDT citizenship by an

ex

clusive connection with another Dependent Territory. Such people

will not come within Article 3(b), and will therefore automatically

be excepted from loss of their BDT citizenship.

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