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tion of BDTC status by adoption under section 15(5) of the British Nationality Act 1981 whereby a child adopted in a Dependent Territory becomes a BDTĆ if the adopter or, in the case of joint adoption, one of the adopters is a BDTC. It follows that adoption in Hong Kong is not necessarily sufficient in itself to establish a connection with Hong Kong for the purposes of the Order. On the other hand, adoption in another dependent territory may in some circumstances establish such a connection. This article is therefore so framed as to ensure that a person is considered to have a connection with Hong Kong for the purposes of the Order if he she is adopted by parents either of whom is a BDTC by virtue of a connection with Hong Kong, regardless of where the adoption actually took place.
13. Article 2(1)(c) is concerned with people registered outside Hong Kong. Registration may have taken place outside Hong Kong on the basis of a con- nection with Hong Kong, particularly as certain of the provisions for registra- tion 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; n
(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 British Dependent Territories 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 Onmigration 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 are temporarily absent from Hong Kong is regarded as having a connection with Hong Kong for the purposes of the Order. But the child born in another dependent territory of 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 con- nection. 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).
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