CONFIDENTIAL
6449 1
-
14.
1) A CHILD REGISTERED AS A CITIZEN OF THE UNITED
KINGDOM AND COLONIE(CUKC) OUTSIDE HONG KONG UNDER
SECTION 7 OF THE BRITISH NATIONALITY ACT 1948 WHO HAD A
PARENT WHO BECAME A HONG KONG BDTC ON 1 JANUARY 1983 AT
THE COMMENCEMENT OF THE BRITISH NATIONALITY ACT 1981.
2) A PERSON REGISTERED AS A CUKC OUTSIDE HONG KONG UNDER
SECTION 12(6) OF THE BRITISH NATIONALITY ACT 1948 AS
SUBSEQUENTLY AMENDED, BY VIRTUE OF DESCENT IN THE MALE
LINE FROM A PERSON BORN OR NATURALISED IN HONG KONG.
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.
NO
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 PURPOSE OF THE ORDER.
BUT THE CHILD BORN IN ANOTHER DEPENDENT TERRITORY TO 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).
2
CONFIDENTIAL
15