TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 171

PART II

Acquisition

by descent.

12

British Nationality

(b) settled in a dependent territory.

(2) A new-born infant who, after commencement, is found abandoned in a dependent territory shall, unless the contrary is shown, be deemed for the purposes of subsection (1)—

(a) to have been born in that territory after commence- 5

ment; and

(b) to have been born to a parent who at the time of the birth was a citizen of the British Dependent Territories or settled in a dependent territory.

(3) A person born in a dependent territory after commence- 10 ment who is not a citizen of the British Dependent Territories by virtue of subsection (1) or (2) shall be entitled to be registered as such a citizen if, while he is a minor--

(a) his father or mother becomes such a citizen or becomes

settled in a dependent territory; and

(b) an application is made for his registration as such a

citizen.

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(4) Where after commencement an order authorising the adoption of minor who is not a citizen of the British Depen- dent Territories is made by a court in any dependent territory, 20 he shall be a citizen of the British Dependent Territories as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters is a citizen of the British Dependent Territories on that date.

14.-(1) A person born outside the dependent territories after 25 commencement shall be a citizen of the British Dependent Terri- tories if at the time of the birth his father or mother-

(a) is such a citizen by virtue of birth in a dependent terri-

tory; or

(b) is such a citizen and is serving outside the dependent 30

territories in service to which this paragraph applies, his or her recruitment for that service having taken place in a dependent territory.

British Nationality

13

description of service which he considers to be closely associated with the activities outside the dependent territories of the govern- ment of any dependent territory.

(4) Any order made under subsection (3) shall be subject to 5 annulment in pursuance of a resolution of either House of

Parliament.

PART II

15.—(1) If while a person is a minor an application is made Acquisition for his registration as a citizen of the British Dependent by registration: Territories, the Secretary of State may, if he thinks fit, cause minors. 10 him to be registered as such a citizen.

(2) A person born outside the dependent territories shall be entitled, on an application for his registration as a citizen of the British Dependent Territories made within the period of twelve months from the date of the birth, to be registered as 15 such a citizen if the Secretary of State is satisfied that the following requirements are or were fulfilled in the case of either his father or his mother ("the parent in question "), namely―

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35

(2) Paragraph (b) of subsection (1) applies to-

(a) Crown service under the government of a dependent 35

territory; and

(b) service of any description for the time being designated

under subsection (3).

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(3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any 40

(a) that the parent in question was a citizen of the British Dependent Territories at the time of the birth; and

(b) that throughout the period of five years ending with the date of the birth the parent in question was em- ployed wholly or mainly outside the dependent territories in employment to which this subsection applies; and

(c) that the nature or terms and conditions of that employ. ment involved a close connection with one or more dependent territories; and

(d) that the parent in question intends to maintain a close connection with one or more dependent territories or, if the parent in question has died since the birth, that he or she had that intention at the time of the birth.

(3) Subsection (2) applies to full-time employment--

(a) with any company or association established in a de-

pendent territory;

(b) with any company or association established outside the dependent territories, so long as the employee is employed by that company or association on second- ment from an associated company or association established in a dependent territory; or

(c) under any international organisation of which a depen- dent territory or the government of a dependent terri- tory is a member.