CONFIDENTIAL
is settle elsewhere, and are therefore no longer settled in Hong Kong,
If the parent in question is not regarded as having such a connection.
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 parents birth, naturalisation or registration in a Dependent Territory
became a BDTC on 1 January 1983.
16.
1981.
Article 2(1)(f) refers to women who became BDTCs by marriage in the circumstances set out in section 23(1)(c) of the British Nationality Act
This provides that a woman who was a CUKC immediately before 1 January 1983 became a BDTC on that date if she was then, 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.
17.
Article 2(2) defines the term registration in paragraph (1). Were the term "registered" to be 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 accords with the way in which BDTC citizenship is
The same acquired at birth under the British Nationality Act 1981. 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.