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PARTICULARLY AS CERTAIN OF THE PROVISIONS FOR REGISTRATION
CONTAINED IN THE BRITISH NATIONALITY ACT 1948 DID NOT CONTAIN ANY
RESIDENTIAL QUALIFICATIONS. EXAMPLES OF PERSONS WHO COME WITHIN
ARTICLE 2(1)(C) ARE:
A) A CHILD BORN AND REGISTERED OUTSIDE HONG KONG BEFORE 1
JANUARY 1983 UNDER SECTION 7(1) OF THE BRITISH
NATIONALITY ACT 1948 (WHICH PROVIDED FOR THE
REGISTRATION OF THE MINOR CHILDREN OF CITIZENS OF THE
UNITED KINGDOM AND COLONIES (CUKCS)) WHERE THE MOTHER
WAS BORN IN HONG KONG AND THE FATHER WAS AN ALIEN
(SEMI-COLON) AND
B) AN ALIEN WOMAN REGISTERED OUTSIDE HONG KONG BEFORE 1
JANUARY 1983 UNDER SECTION 6(2) OF THE BRITISH
NATIONALITY ACT 1948 (WHICH PROVIDED FOR THE REGISTRATION
OF THE WIVES OF CUKCS) ON THE BASIS OF HER MARRIAGE TO A
CUKC BORN IN HONG KONG.
NO SIMILAR PROVISION IS NECESSARY FOR NATURALISATION OUTSIDE HONG
KONG BECAUSE, GENERALLY SPEAKING, NATURALISATION IN ANY DEPENDENT
TERRITORY IS BASED ON QUALIFYING RESIDENCE OR SERVICE IN THAT
TERRITORY.
14.
ARTICLE 2(1)(D) CONCERNS PEOPLE BORN IN ANOTHER DEPENDENT
TERRITORY 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 BDT 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 IN ANOTHER DEPENDENT TERRITORY WHILE HIS OR HER
PARENTS WERE TEMPORARILY ABSENT FROM HONG KONG IS REGARDED AS
HAVING A CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE ORDER.
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