TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 173

PART II

Right to registration replacing right to

resume

citizenship

of U.K. and Colonies.

1964 c. 22.

16

British Nationality

(b) that man became a citizen of the British Dependent Territories at commencement and did not at any time in the period from commencement to the date of the application under this subsection cease to be such a citizen as a result of a declaration of renunciation; and 5 (c) she remained married to him throughout that period. (2) On an application for her registration as a citizen of the British Dependent Territories made within two years after com- mencement the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—

British Nationality

Acquisition at commencement

17

PART II

20.

(1) A person shall at commencement become a citizen Citizens of of the British Dependent Territories if—

U.K. and Colonies who

5

(a) immediately before commencement he was a citizen are to

of the United Kingdom and Colonies who had that become citizenship by his birth, naturalisation or registration citizens of the

British in a dependent territory; or

Dependent

10 10

(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 having been married to a man to whom she is no longer married 15 15 on the date of the application under this subsection; and

(b) that man became a citizen of the British Dependent Territories at commencement or would have done so but for his death.

20 20

125

19.—(1) Subject to subsection (2), a person shall be entitled, on an application for his registration as a citizen of the British Dependent Territories, to be registered as such a citizen if the Secretary of State is satisfied that immediately before com- mencement he would (had he applied for it) have been entitled 25 under section 1(1) of the British Nationality Act 1964 (resump- tion of citizenship) to be registered as a citizen of the United Kingdom and Colonies by virtue of having an appropriate qualifying connection with a dependent territory or, if a woman, by virtue of having been married before commencement to a 30 30 person who has, or would if living have, such a connection.

(2) A person shall not be entitled to registration under this section on more than one occasion.

(3) For the purposes of this section a person shall be taken to have an appropriate qualifying connection with a dependent 35 territory if he, his father or his father's father-

35

(a) was born in that territory; or

(b) is or was a person naturalised in that territory; or

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(c) was registered as a citizen of the United Kingdom and

Colonies in that territory; or

40

(d) became a British subject by reason of the annexation of

any territory included in that territory.

commence-

(b) he was immediately before commencement a citizen of Territories at

the United Kingdom and Colonies, and was born to ment. a parent-

(i) who at the time of the birth ("the material time") was a citizen of the United Kingdom and Colonies; and

(ii) who either had that citizenship at the material time by his birth, naturalisation or registra- tion in a dependent territory or was himself born to a parent who at the time of that birth so had that citizenship; or

(c) being a woman, she was immediately before commence- ment a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or (b) becomes a citizen of the British Dependent Terri- tories at commencement or would have done so but for his death.

(2) A person shall at commencement become a citizen of the British Dependent Territories if—

(a) immediately before commencement he was a citizen of the United Kingdom and Colonies by virtue of registra- tion under section 7 of the 1948 Act (minor children) or section 1 of the British Nationality (No. 2) Act 1964 1964 c. 54. (stateless persons); and

(b) he was so registered otherwise than in a dependent terri-

tory; and

(c) his father or mother (in the case of a person registered under the said section 7) or his mother (in the case of a person registered under the said section 1)-

(i) was a citizen of the United Kingdom and Col- onies at the time of the registration or would have been such a citizen at that time but for his or her death; and

(ii) becomes a citizen of the British Dependent Territories at commencement or would have done so but for his or her death.