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TAAL
purpose of the Order. But the child 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 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).
8.
Article 2(1)(e) brings within the Order BDTCs who are such
through their grandparent being a BDTC by virtue of a connection
with Hong Kong. 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.
9.
Article 2(1)(f) brings within the Order
a
woman who became a BDTC because immediately before 1 January 1983
she was, or had at any time been, the wife of a man who became a
BDTC on 1 January 1983 by virtue of a connection with Hong Kong
as set out in this Article, or would have become so but for his
death. It accords with section 23(1)(c) of the British
Nationality Act 1981. 1 January 1983 is the date of the
commencement of this Act.
10. Article 2(2) defines the term registration used in various
places in paragraph (1). Naturalisation speaks for itself, but
if the term "registered" were 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.
extra paragraph makes it clear it does.
Sab
11.
This
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 conforms with the way in which BDTC citizenship is acquired at
birth under the British Nationality Act 1981. The same 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