TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 172

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

PART II

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British Nationality

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

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(5) A person born outside the dependent territories shall be entitled, on an application for his registration as a citizen of 10 the British Dependent Territories 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 citizen of the British Dependent Terri- tories otherwise than by virtue of birth in a dependent 15 territory; and

(b) subject to subsection (6), that that person and his father and mother were in one and the same dependent territory (no matter which) at the beginning of the period of three years ending with the date of the 20 application and that, in the case of each of them, the number of days on which the person in question was absent from the last-mentioned territory in that period does not exceed 270; and

(c) subject to subsection (6), that the consent of his father 25

and mother to the registration has been signified in the prescribed manner.

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

(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; and

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(b) if his father or mother died on or before that date, the 35

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.

British Nationality

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PART II

16.-(1) If, on an application for naturalisation as a citizen of the British Dependent Territories made by a person of full Acquisition by age and capacity, the Secretary of State is satisfied that the naturalisation. applicant fulfils the requirements of Schedule 1 for naturalisation

5 as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

(2) If, on an application for naturalisation as a citizen of the British Dependent Territories made by a person of full age and capacity who on the date of the application is married to such a 10 citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.

(3) Every application under this section shall specify the de- 15 pendent territory which is to be treated as the relevant territory for the purposes of that application; and, in relation to any such application, references in Schedule 1 to the relevant terri- tory shall be construed accordingly.

Acquisition after commencement : special cases

20 17. A person shall be entitled, on an application for his regis- Right to

tration as a citizen of the British Dependent Territories made registration within two years after commencement, to be registered as such by virtue of residence in a citizen if he satisfies the Secretary of State that, if paragraphs dependent 2 to 5 of Schedule 1 to the Immigration Act 1971 had remained territory. 25 in force, he would (had he applied for it) have been, both at com- 1971 c. 77.

mencement and on the date of the application under this sub- section, entitled under the said paragraph 2 to be registered in a dependent territory as a citizen of the United Kingdom and Colonies.

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18.—(1) A woman who immediately before commencement Right to was the wife of a citizen of the United Kingdom and Colonies registration

by virtue of shall be entitled, on an application for her registration as a marriage. citizen of the British Dependent Territories made within two years after commencement, to be registered as a citizen of the 35 British Dependent Territories if—

(7) Section 3(7) shall apply for the purposes of this section.

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(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her marriage to the man who was then her husband; and

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