TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 17

PART II

Right to

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British Nationality

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 citizen of the British Dependent Territories at commencement or would have done so but for his death.

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(3) On an application for her registration as a citizen of the British Dependent Territories made within five years after com- 10 mencement by a woman who at the time of the application is married, the Secretary of State may, if he thinks fit, cause her to be registered as such a citizen if—

(a) immediately before commencement she would (if

she had applied for it) have been entitled under sec- 15 tion 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this sub- section; and

(b) that man either--

(i) became a citizen of the British Dependent Terri- tories at commencement but has ceased to be such a citizen as a result of a declaration of renunciation;

or

(ii) would have become a citizen of the British Dependent Territories at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renun- ciation.

British Nationality

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22.-(1) Subject to subsection (2), a person shall be entitled, PART II on an application for his registration as a citizen of the British Right to Dependent Territories, to be registered as such a citizen if the registration Secretary of State is satisfied that immediately before com- replacing

right to 5 mencement he would (had he applied for it) have been entitled resume

under section 1(1) of the British Nationality Act 1964 (resump-citizenship tion of citizenship) to be registered as a citizen of the United of U.K. and Kingdom and Colonies by virtue of having an appropriate Colonies. qualifying connection with a dependent territory or, if a woman, 1964 c. 22. 10 by virtue of having been married before commencement to a

person who has, or would if living have, such a connection.

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

(3) For the purposes of this section a person shall be taken 15 to have an appropriate qualifying connection with a dependent

territory if he, his father or his father's father-

(a) was born in that territory; or

(b) is or was a person naturalised in that territory; or (c) was registered as a citizen of the United Kingdom and

Colonies in that territory; or

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(d) became a British subject by reason of the annexation of

any territory included in that territory.

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21. A person born in a foreign country within five years after registration by commencement shall be entitled, on an application for his regis- virtue of

tration as a citizen of the British Dependent Territories made father's

within the period of twelve months from the date of birth, to be citizenship etc.

registered as such a citizen if the Secretary of State is satisfied- 35

(a) that the requirements referred to in subsection (1)(a) of section 8 are fulfilled in the case of that person's father, subsection (2)(b) of that section being for the purposes of this paragraph read as if any reference to becoming or remaining a British citizen were a reference to be- 40 coming or, as the case may be, remaining a citizen of the British Dependent Territories; and

(b) that if that person had been born before commence- ment and had become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that 45 section, he would at commencement have become a citizen of the British Dependent Territories by virtue of

section 23(1)(b).

Acquisition at commencement

23.-(1) A person shall at commencement become a citizen Citizens of 25 of the British Dependent Territories if—–

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U.K. and Colonies who are to

(a) immediately before commencement he was a citizen

of the United Kingdom and Colonies who had that become citizenship by his birth, naturalisation or registration citizens of the

British in a dependent territory; or

Dependent

(b) he was immediately before commencement a citizen of Territories at

the United Kingdom and Colonies, and was born to commence- a parent-

(i) who at the time of the birth ("the material time") was a citizen of the United Kingdom and Colonies; and

(ii) who either had that citizenship at the material time by his birth, naturalisation or registra- tion in a dependent territory or was himself born to a parent who at the time of that birth so had that citizenship; or

(c) being a woman, she was immediately before commence- ment a citizen of the United Kingdom and Colonies and either was then, or had at any time been, the wife of a man who under paragraph (a) or

ment.