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CONFIDENTIAL
in the British Nationality Act 1948 did not contain any
residential qualifications. For example:
1)
a child registered as a 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.
14.
Article 2(1)(d) concerns people born outside Hong
Kong to parents settled in Hong Kong at the time of the
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, whether a Hong Kong BDPC er not 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
persons purpose of the Order. But the child of Hong Kong: BDTC8–81
ethere who have left Hong Kong permanently to settle else-
where, and are therefore no longer settled in Hong Kong,
is not regarded as having such a connection.
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
parents birth, naturalisation or registration in a
Dependent Territory became a BDTC on 1 January 1983.
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