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TO MY DEPENDENCY. THERE ARE ALSO SOME CUKH REGISTERED IN HONG KONG UNDER VARIOUS SECTIONS OF THE BNA, OTHER THAN SECTION 7(2) WHO ARE AT PRESENT RESIDING IN HONG KONG, BUT HAVE NO RIGHT OF ENTRY
TO HONG KONG.
QUERY: ARE WE RIGHT IN ASSUMING THAT SUCH PERSONS WOULD NOT IN FUTURE GAIN THE RIGHT OF ENTRY TO HONG KONG SIMPLY BECAUSE THEY
BECOME BOC'S.
6) PARA. 71-74 THESE PARAGRAPHS DISCUSS GENERALLY THE PROBLEMS OF MAKING PERMANENT ARRANGEMENTS FOR THE ACQUISITION AND TRANSMISSION OF BOC STATUS. THEY RECOGNIZE THAT THESE ARRANGEMENTS MUST ''TAKE ACCOUNT OF THE DIFFICULTIES FACED BY DEPENDENCIES AND THE PRESSURE ON THEIR RESOURCES'', AND MUST REFLECT THE OUTLOOK AND ATTITUDES OF THE PEOPLES OF THE DEPENDENCIES''. SOME CLARIFICATION WOULD BE HELPFUL ON THE FOLLOWING POINTS:-
(A) IS IT ENVISAGED THAT DEPENDENCIES WOULD FORMULATE THEIR OWN RULES FOR THE ACQUISITION/TRANSMISSION OF BOC STATUS, OR WILL THE UK PRESCRIBE A COMMON SET OF BASIC RULES APPLICABLE TO
ALL?
(B) PARA. 73 STATES THAT BOC STATUS OUGHT NOT TO PASS AUTOMATICALLY TO A CHILD BORN OUTSIDE A DEPENDENCY UNLESS THE FATHER IS A CITIZEN BY BIRTH, REGISTRATION OR NATURALIZATION IN AN EXISTING DEPENDENCY. THIS IS FURTHER PEINFORCED BY PARA. 6(D) OF TELNO. GUIDANCE 66 OF 28.3.1977, WHICH STATES THAT THE SECOND GENERATION BORN ABROAD WOULD BE EXPECTED TO ACQUIRE THE LOCAL CITIZENSHIP. THIS WOULD POSE OBVIOUS DIFFICULTIES FOR A CHILD BORN ABROAD IN A COUNTRY WHICH ADOPTS THE (NEXT TWO WORDS UNDERLINED) IUS SANGUINIS METHOD OF ACQUISITION/TRANSMISSION OF CITIZENSHIP IF THE CHILD'S BOC FATHER WAS ALSO BORN ABROAD. THERE ARE ALSO COUNTRIES, E.G. THE PHILIPPINES, WHERE IT IS EXTREMELY DIFFICULT FOR ALIENS TO ACQUIRE THE LOCAL NATIONALITY. IN EITHER SITUATION, THE CHILD COULD BECOME STATELESS.
QUERY: WOULD SUCH CASES FALL TO BE DEALT WITH AS EXCEPTIONS NOTWITHSTANDING THAT THEY WOULD NOT HAVE ACQUIRED A DIRECT CONNECTION WITH HONG KONG BY A PERIOD OF RESIDENCE?
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/(7) PARA.
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