TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 167

PART I

British Nationality

in overseas territories) is for the time being in force, so long as the employee is designated under that agreement.

(4) If in the special circumstances of any particular case the Secretary of State thinks fit, he may do either or both of the 5 following things, namely

(a) treat subsection (2) as if the reference to twelve months

were a reference to six years; and

(b) treat subsection (2)(b) as if the reference to five years

were a reference to such shorter period as he thinks 10 fit.

(5) A person born outside the United Kingdom shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the Secretary of State is satisfied-

(a) that at the time of that person's birth his father or mother was a British citizen otherwise than by virtue of birth in the United Kingdom; and

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(b) subject to subsection (6), that that person and his father

and mother were in the United Kingdom at the begin- 20 ning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom in that period does not exceed 270; and

(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

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(6) In the case of an application under subsection (5) for the registration of a person as a British citizen-

30 (a) if his father or mother died, or their marriage was terminated, on or before the date of the application, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother;

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(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; and

(c) if he was born illegitimate, all those references shall be 40

read as references to his mother.

(7) For the purposes of this section-

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(a)" company means a body corporate;

"

(b) 'association means an unincorporated body of

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persons;

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British Nationality

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(c) a company or association is associated with another company or association if one of them is directly or indirectly controlled by the other, or if each of them is directly or indirectly controlled by a third company or association; and (d) an employee is employed by one company or associa- tion ("the current employer") on secondment from another company or association ("the seconding employer ") if, having been in the employment of the seconding employer, he is for the time being in tempo- rary employment with the current employer under arrangements under which he is to return to the employ- ment of the seconding employer when that temporary employment ends.

PART I

4.-(1) If, on an application for naturalisation as a British Acquisition by citizen made by a person of full age and capacity, the Secretary naturalisation. of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this sub- section, he may, if he thinks fit, grant to him a certificate of 20 naturalisation as such a citizen.

(2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of 25 Schedule 1 for naturalisation as such a citizen under this sub- section, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

Acquisition after commencement : special cases

5.-(1) A person shall be entitled, on an application for his Right to 30 registration as a British citizen made within two years after registration

commencement, to be registered as such a citizen if he satisfies by virtue of

residence in the Secretary of State-

U.K. or

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40

45

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(a) that, if paragraphs 2 and 3 (but not paragraph 4 or 5) of relevant

Schedule 1 to the Immigration Act 1971 had remained employment. in force, he would (had he applied for it) have been, 1971 c. 77. both at commencement and on the date of the applica- tion under this subsection, entitled under the said paragraph 2 to be registered in the United Kingdom as a citizen of the United Kingdom and Colonies; or (b) that, if section 5A of the 1948 Act (and section 2 of the Immigration Act 1971 as in force immediately before commencement) had remained in force, he would (had he applied for it) have been, both at commencement and on the date of the application under this sub- section, entitled under section 5A(1) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies.