I
9
11.
Article 2 (1) (a) concerns BDTCs born,
naturalised or registered in Hong Kong, or found
abandoned there as a newborn infant, or their
children. These persons are considered to have a
sufficient connection with Hong Kong for the purposes
of the Order. This is subject to a qualification
only in relation to persons born in Hong Kong on or
after 1 January 1983, because of the provisions for
the acquisition of BDTC status by birth under the
British Nationality Act 1981. Under that Act persons
born in Hong Kong are not BDTCs unless at the time of
their birth either of their parents is settled in a
dependent territory or is a BDTC.
Consequently
article 2(3) of the Order provides that a person born
in Hong Kong on or after 1 January 1983 is not taken
to have a connection with Hong Kong for the purposes
of the Order, notwithstanding that he is born in Hong
Kong, unless either parent is settled in Hong Kong or
is a BDTC by virtue of a connection with Hong Kong.
For example, a child born in Hong Kong on or after 1
January 1983 to parents who are BDTCS by virtue of a
connection with Gibraltar and who are in Hong Kong
temporarily will not lose his BDTC status in 1997
just because of his birth in Hong Kong (see paragraph
18.)