TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 13

PART I

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(3) A person who-

British Nationality

(a) immediately before commencement was a citizen of the United Kingdom and Colonies by virtue of having been registered under subsection (6) of section 12 of the 1948 Act (British subjects before commencement of 5 1948 Act becoming citizens of United Kingdom and Colonies) under arrangements made by virtue of sub- section (7) of that section (registration in independent Commonwealth country by United Kingdom High Commissioner); and

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(b) was so registered on an application under the said subsection (6) based on the applicant's descent in the male line from a person ("the relevant person") pos- sessing one of the qualifications specified in subsection (1)(a) and (b) of that section (birth or naturalisation in 15 the United Kingdom and Colonies),

shall at commencement become a British citizen if the relevant person was born or naturalised in the United Kingdom.

Renunciation and resumption

Renunciation.

12. (1) If any British citizen of full age and capacity makes 20 in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered.

(2) On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British 25 citizen.

(3) A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than 30 British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be, and be deemed to have remained, a British citizen notwithstanding the registration.

(4) The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty's government in the United Kingdom.

British Nationality

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PART I

13.—(1) Subject to subsection (2), a person who has ceased to be a British citizen as a result of a declaration of renunciation Resumption. shall be entitled, on an application for his registration as a British citizen, to be registered as such a citizen if he is of full capacity 5 and satisfies the Secretary of State that his renunciation of British citizenship was necessary to enable him to retain or acquire some other citizenship or nationality.

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(5) For the purposes of this section any person who has been 40 married shall be deemed to be of full age.

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(2) A person shall not be entitled to registration under sub- section (1) on more than one occasion.

(3) If a person of full capacity who has ceased to be a British citizen as a result of a declaration of renunciation (for what- ever reason made) makes an application for his registration as such a citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

Supplementary

14.-(1) For the purposes of this Act a British citizen is a Meaning of British citizen" by descent" if and only if

British citizen "by descent ".

(a) he is a person born outside the United Kingdom after commencement who is a British citizen by virtue of section 2(1)(a) only or by virtue of registration under section 3(2) or 8; or

(b) subject to subsection (2), he is a person born outside

the United Kingdom before commencement who be came a British citizen at commencement and immedi- ately before commencement-

(i) was a citizen of the United Kingdom and Colonies by virtue of section 5 of the 1948 Act (citizenship by descent); or

(ii) was a person who, under any provision of the British Nationality Acts 1948 to 1965, was deemed for the purposes of the proviso to section 5(1) of the 1948 Act to be a citizen of the United Kingdom and Colonies by descent only, or would have been so deemed if male; or

(iii) had the right of abode in the United King- dom by virtue only of paragraph (b) of subsection (1) of section 2 of the Immigration Act 1971 as then 1971 c. 77 in force (connection with United Kingdom through parent or grandparent), or by virtue only of that paragraph and paragraph (c) of that subsection (set- tlement in United Kingdom with five years' ordinary residence there), or by virtue only of being or having been the wife of a person who immediately before commencement had that right by virtue only of the said paragraph (b) or the said paragraphs (b) and (c): or