TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 175

PART II

Citizens of U.K. and

Colonies who are to become

British Overseas citizens at commence- ment.

Registration of minor children.

Registration of wives.

20

British Nationality

(f) whether born in a dependent territory or not, he is a citizen of the British Dependent Territories by virtue of section 13(4); or

(g) he is a person who—

(i) before commencement ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation; and

(ii) is a citizen of the British Dependent Terri- tories by virtue of registration under section 19; and

(iii) satisfies the condition specified in paragraph (d) or (e); or

(h) he is a person who—

5

5

British Nationality

21

United Kingdom and Colonies by virtue of her mar- riage to the man who was then her husband; and (b) that man became a British Overseas citizen at com- mencement 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

(c) she remained married to him throughout that period.

(2) On an application for her registration as a British Over- 10 10 seas citizen made within two years after commencement, the Secretary of State may, if he thinks fit, cause a woman to be registered as such a citizen if—

(i) ceased to be a citizen of the British Dependent Territories as a result of a declaration of renunciation, 15 15 but is such a citizen by virtue of registration under section 11(1) or (3) as applied by section 21; and

(ii) satisfies the condition specified in paragraph (c), (d) or (e), or immediately before he so ceased satisfied the condition specified in paragraph (a) or 20 (b).

PART III

BRITISH OVERSEAS CITIZENSHIP

23. Any person who was a citizen of the United Kingdom and 25 Colonies immediately before commencement and who does not at commencement become either a British citizen or a citizen of the British Dependent Territories shall at commencement become a British Overseas citizen.

24. If while a person is a minor an application is made for his registration as a British Overseas citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

25. (1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British Overseas citizen made within two years after commencement, to be registered as a British Overseas citizen if—

(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

39

20

25

30

30

(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 on the date of the application under this subsection ; and

(b) that man became a British Overseas citizen at com-

mencement or would have done so but for his death.

PART III

26. The provisions of section 10 shall apply in relation to Renunciation. British Overseas citizens and British Overseas citizenship as

they apply in relation to British citizens and British citizenship.

PART IV

BRITISH SUBJECTS

27. A person who immediately before commencement was— Continuance (a) a British subject without citizenship by virtue of section as British

13 or 16 of the 1948 Act; or

subjects of existing (b) a British subject by virtue of section 1 of the British British

Nationality Act 1965 (registration of alien women who subjects of have been married to British subjects of certain des- certain

descriptions. criptions),

1965 c. 34.

shall as from commencement be a British subject by virtue of 35 this section.

35

28.—(1) A person is within this subsection if immediately Continuance before 1st January 1949 he was both a citizen of Eire and a

subjects of British subject.

as British

certain former citizens of

40

(2) A person within_subsection (1) who immediately before 40 commencement was a British subject by virtue of section 2 of Eire.

the 1948 Act (continuance of certain citizens of Eire as British subjects) shall as from commencement be a British subject by virtue of this subsection.