12
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:
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 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 purposes 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 ouside Hong Kong will
also be covered by one or more of the other
provisisons of article 2 (1).