TNAG-1080-FCO40-1330-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 183

PART. V

1914 c. 17.

1870 c. 14.

1967 c. 4.

365

British Nationality

(4) It is hereby declared that a person is not to be treated for the purpose of any provision of this Act as ordinarily resi- dent in the United Kingdom or in a dependent territory at a time when he is in the United Kingdom or, as the case may be, in that territory in breach of the immigration laws.

(5) For the purposes of this Act---

(a) a person shall be taken to have been naturalised in the

United Kingdom if, but only if, he is

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(i) a person to whom a certificate of naturalisation was granted under any of the former nationality 10 Acts by the Secretary of State or, in any of the Islands, by the Lieutenant-Governor; or

(ii) a person who by virtue of section 27(2) of the British Nationality and Status of Aliens Act 1914 was deemed to be a person to whom a certificate 15 of naturalisation was granted, if the certificate of naturalisation in which his name was included was granted by the Secretary of State; or

(iii) a person who by virtue of section 10(5) of the Naturalization Act 1870 was deemed to be a natur- 20 alised British subject by reason of his residence with his father or mother;

(b) a person shall be taken to have been naturalised in a

dependent territory if, but only if, he is-

(i) a person to whom a certificate of naturalisation 25 was granted under any of the former nationality: Acts by the Governor of that territory or by a person for the time being specified in a direction given in relation to that territory under paragraph 4 of Schedule 3 to the West Indies Act 1967 or 30 for the time being holding an office so specified; or (ii) a person who by virtue of the said section 27(2) was deemed to be a person to whom a certificate of naturalisation was granted, if the certificate of naturalisation in which his name was included was 35 granted by the Governor of that territory; or

(iii) a person who by the law in force in that terri- tory enjoyed the privileges of naturalisation within that territory only;

and references in this Act to naturalisation in the United King- 40 dom or in a dependent territory shall be construed accordingly. (6) For the purposes of this Act a person born outside the United Kingdom aboard a ship or aircraft-

(a) shall be deemed to have been born in the United

Kingdom if he was stateless at birth and at the time of 45 the birth the ship or aircraft was registered in the

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British Nationality

37

United Kingdom or was an unregistered ship or air- craft of the government of the United Kingdom; but (b) subject to paragraph (a), is to be regarded as born out- side the United Kingdom, whoever was the owner of the ship or aircraft at that time, and irrespective of whether or where it was then registered.

The preceding provisions of this subsection shall apply in relation to each dependent territory with the substitution of refer- ences to that territory for references to the United Kingdom.

(7) For the purposes of this Act an application under any provision thereof shall be taken to have been made at the time of its receipt by a person authorised to receive it on behalf of the person to whom it is made; and references in this Act to the date of such an application are references to the date of its receipt 15 by a person so authorised.

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25

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(8) For the purposes of this Act—

(a) the relationship of mother and child shall be taken to exist between a woman and any child (legitimate or illegitimate) born to her; but

(b) subject to section 44, the relationship of father and child shall be taken to exist only between a man and any legitimate child born to him; and the expressions

mother","father ", and "descended" shall be construed accordingly.

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(9) For the purposes of this Act—

(a) a period from "

EC

that date; and

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parent", "child

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or "to" a specified date includes

(b) any reference to a day on which a person was absent from the United Kingdom or from a dependent terri- tory or from the dependent territories is a reference to a day for the whole which he was so absent.

(10) For the purposes of this Act--

(a) a person is of full age if he has attained the age of eighteen years, and of full capacity if he is not of unsound mind; and

(b) a person attains any particular age at the beginning of

the relevant anniversary of the date of his birth. (11) References in this Act to any country mentioned in Schedule 3 include references to the dependencies of that 40 country.

(12) Her Majesty may by Order in Council subject to annul- ment in pursuance of a resolution of either House of Parliament

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PART V