G.F. 324
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is a CBDT (whether by birth or otherwise) or is "settled" in Hồng Kong. The Bill defines "settled" as "being ordinarily
without being subject under the immigration laws
resident
Under
to any restriction on the period for which he may remain". not the Hong Kong Immigration Ordinance (Chapter 115), a person who is
not a "Hong Kong belonger" would achieve resident status only after seven years of ordinary residence.
18.
The effect of the change is that, in future, children born in Hong Kong to recent immigrants who have not yet achieved resident status would not become CBDTs. On the other hand, they can probably not be regarded as stateless because they may have the nationality of their parents. In the case of children born to recent immigrants from China, under Chinese nationality laws, they would
be Chinese nationals.
19.
We note, however, that there are provisions in the Bill which would enable such children to be registered as CBDTS once either parent becomes a CBDT (e.g. by naturalisation) or achieves resident status. The Government amendment moved by Mr. Raison to the Bill would, in addition, enable such children to register upon attaining the age of ten if they had spent the major portion of their first ten years in Hong Kong. This amendment is helpful to Hong Kong but would be even more so if the period was reduced
from ten to five years. We note that 'several amendments have
already been notified to the Standing Committee to reduce the 10 year period variously to 3, 5 or 7 years.
Transmission of Citizenship
20.
The provisions in the Bill regarding transmission of citizenship to children born abroad are very complicated. In general, transmission will be limited to the first generation born abroad although, on the other hand, citizenship may in future be trans-
mitted in the female line as well as the male line.
21. If the Bill is passed as it stands, the position of children born in Hong Kong to UK based expatriates working here will be seriously affected, although exceptions have been provided for in
/the Bill
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