TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 181

PART V

Offences and proceedings.

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British Nationality

(3) Any entry in a register made under this Act or any of the former nationality Acts shall be received as evidence (and in Scotland as sufficient evidence) of the matters stated in the entry.

(4) A certificate given by or on behalf of the Secretary of State 5 that a person was at any time in Crown service under the govern- ment of the United Kingdom shall, for the purposes of this Act, be conclusive evidence of that fact.

43.—(1) Any person who for the purpose of procuring any- thing to be done or not to be done under this Act-

(a) makes any statement which he knows to be false in a

material particular; or

(b) recklessly makes any statement which is false in a

material particular,

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shall be liable on summary conviction in the United Kingdom 15 to imprisonment for a term not exceeding three months or to a fine not exceeding £1000, or both.

(2) Any person who without reasonable excuse fails to comply with any requirement imposed on him by regulations made under this Act with respect to the delivering up of certificates of 20 naturalisation shall be liable on summary conviction in the United Kingdom to a fine not exceeding £500.

(3) In the case of an offence under subsection (1)-

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British Nationality

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officer of police not below the rank of assistant chief constable to be the date on which evidence sufficient to justify the proceedings came to the notice of the police in Northern Ireland.

(4) For the purposes of subsection (3)(b) proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay; and a certificate of the Lord Advocate as to the date on which such evidence as is mentioned 10 in subsection (3)(b) came to his knowledge shall be conclusive

evidence.

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(5) For the purposes of the trial of a person for an offence under subsection (1) or (2), the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.

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(6) In their application to the Bailiwick of Jersey subsections (1) and (2) shall have effect with the omission of the words on summary conviction ”.

PART V

44.-(1) A person born out of wedlock and legitimated by the Legitimated subsequent marriage of his parents shall, as from the date of the children. 20 marriage, be treated for the purposes of this Act as if he had

been born legitimate.

(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was 25 domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not other- wise.

45. Any reference in this Act to the status or description of Posthumous the father or mother of a person at the time of that person's children. 30 father or mother, be construed as a reference to the status or birth shall, in relation to a person born after the death of his

(a) any information relating to the offence may in England

and Wales be tried by a magistrates' court if it is laid 25 within six months after the commission of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date on which evidence sufficient to justify proceedings came 30 to the notice of an officer of his police force; and (b) summary proceedings for the offence may in Scotland be commenced within six months after the commission of the offence, or within three years after the commis- sion of the offence and not more than two months after 3535 the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings came to his knowledge; and

(c) a complaint charging the commission of the offence may

in Northern Ireland be heard and determined by a 4 magistrates' court if it is made within six months after the commission of the offence, or if it is made within three years after the commission of the offence and not more than two months after the date certified by an

description of the parent in question at the time of that parent's death; and where that death occurred before, and the birth occurs after, commencement, the status or description which would have been applicable to the father or mother had he or she died after commencement shall be deemed to be the status or description applicable to him or her at the time of his or her death.

46.-(1) In this Act, unless the context otherwise requires Interpretation.

the 1948 Act" means the British Nationality Act 1948; **alien

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means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland;

1948 c. 56.

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