SECRET

be

(b) provisions equivalent to

to the primary purpose rule (paras. 47 and 50 of the Immigration Rules) would extremely difficult to reproduce on the face of a nationality Bill;

(c) some allowance will in any event need to be made for the HK BDTC who registers under the Bill and who subsequently genuinely divorces his spouse and re-marries.]

daily.

4.19 However, some provision should be made in respect of single HK BDTC's who are registered under the Bill as British citizens. If such a person subsequently marries (possibly a divorcee or widow with dependants of her own) then, under the Bill, the spouse (but not her children) would be entitled to register as a British citizen. However, if the registered person leaves HK after registration and settles in, say, the USA then it should not be possible for the new spouse to register under the Bill. The Bill should therefore contain a provision which makes it clear that a spouse acquired after registration under the Bill can herself enjoy the benefit of being able to register under the Bill as a BC only if [the marriage takes place in HK and the 465 registered person is settled (within the meaning of s.51) in HK

на

1

NOT

199

[f

at the time of the marriage] If manage takes place in the UK the normal antes (in each on 6(2) and Schoolute 1) about the acquisition of citizenship by naturalization should apply to the spouse].

4.20 As regards dependent children of an HK BDTC registered under the Bill who are adopted (whether born before or after commencement of the Bill), they should be entitled to register as BC's "by descent" if [the order authorising their adoption is made by a court in HK (cf s. 1(5) of the BNA)]. As regards illegitimate children born to an HK BDTC registered under the Bill, the normal provisions of section 47 should apply.

-26-

SECRET

Share This Page